601: criminal waivers

[ilovemyfrenchie 0]

Who's got the most recent conviction and how heavily does that weigh in when being adjudicated?

my hubby's is extremely recent.

ALSO, WHAT IF THE CRIME IS CONSIDERED ONE THING IN THE FOREIGN COUNTRY AND ANOTHER ONE HERE? HOW DO THEY ADJUDICATE THAT??

i.e. my husband didn't present his child for visitation with his ex for x amount of time. in the us, that might be considered kidnapping, but NOT in france.

any thoughts?

thanks.

[hmm 0]

Who's got the most recent conviction and how heavily does that weigh in when being adjudicated?

my hubby's is extremely recent.

ALSO, WHAT IF THE CRIME IS CONSIDERED ONE THING IN THE FOREIGN COUNTRY AND ANOTHER ONE HERE? HOW DO THEY ADJUDICATE THAT??

i.e. my husband didn't present his child for visitation with his ex for x amount of time. in the us, that might be considered kidnapping, but NOT in france.

any thoughts?

thanks.

Claudia,

Everything is matter the french ''casier judiciaire'' police record...

u should check if his french police record is ok for that u have to go in that site https://www.cjn.justice.gouv.fr and order it on line it takes 3 days to get it if its nothing wrote on it, u ok, coz is that document is required to immigration process....

good luck i dont think its wrote on his french police record....but to be sure u need to order it

Good luck

[hmm 0]

Who's got the most recent conviction and how heavily does that weigh in when being adjudicated?

my hubby's is extremely recent.

ALSO, WHAT IF THE CRIME IS CONSIDERED ONE THING IN THE FOREIGN COUNTRY AND ANOTHER ONE HERE? HOW DO THEY ADJUDICATE THAT??

i.e. my husband didn't present his child for visitation with his ex for x amount of time. in the us, that might be considered kidnapping, but NOT in france.

any thoughts?

thanks.

Claudia,

Everything is matter the french ''casier judiciaire'' police record...

u should check if his french police record is ok for that u have to go in that site https://www.cjn.justice.gouv.fr and order it on line it takes 3 days to get it if its nothing wrote on it, u ok, coz is that document is required to immigration process....

good luck i dont think its wrote on his french police record....but to be sure u need to order it

Good luck

claudia the US embassy requiring the bulletin n3 dont worry if nothing its wrote on it its okay

[kitkat1 5]

ALSO, WHAT IF THE CRIME IS CONSIDERED ONE THING IN THE FOREIGN COUNTRY AND ANOTHER ONE HERE? HOW DO THEY ADJUDICATE THAT??

The rule is what it would be considered in the US - it's the consulate of the US and the law of the US that you are dealing with.

[hmm 0]

ALSO, WHAT IF THE CRIME IS CONSIDERED ONE THING IN THE FOREIGN COUNTRY AND ANOTHER ONE HERE? HOW DO THEY ADJUDICATE THAT??

The rule is what it would be considered in the US - it's the consulate of the US and the law of the US that you are dealing with.

her husband is french citizen not USC so he needs the french police record bulletin n3, the same one they asked me and provided.

[rebeccajo 14]

ALSO, WHAT IF THE CRIME IS CONSIDERED ONE THING IN THE FOREIGN COUNTRY AND ANOTHER ONE HERE? HOW DO THEY ADJUDICATE THAT??

The rule is what it would be considered in the US - it's the consulate of the US and the law of the US that you are dealing with.

her husband is french citizen not USC so he needs the french police record bulletin n3, the same one they asked me and provided.

Yes you needed a police bulletin for France.

But you are moving to the US.

To further explain what kitkat1 said:

For example - in the UK there are certain crimes which are considered 'spent' after a certain length of time. The crime is 'forgiven' as far as the UK is concerned.

That same crime may not be 'forgiven' under US statutes.

Edited March 30, 2007 by rebeccajo

[Alex+R 0]

If it's not on his police report, how is the US gov't going to know?

[rebeccajo 14]

If it's not on his police report, how is the US gov't going to know?

Ask R if when they swore him in at the interview, if they inquired whether or not he had ever committed a crime.

[kitkat1 5]

ALSO, WHAT IF THE CRIME IS CONSIDERED ONE THING IN THE FOREIGN COUNTRY AND ANOTHER ONE HERE? HOW DO THEY ADJUDICATE THAT??

The rule is what it would be considered in the US - it's the consulate of the US and the law of the US that you are dealing with.

her husband is french citizen not USC so he needs the french police record bulletin n3, the same one they asked me and provided.

Yes you needed a police bulletin for France.

But you are moving to the US.

To further explain what kitkat1 said:

For example - in the UK there are certain crimes which are considered 'spent' after a certain length of time. The crime is 'forgiven' as far as the UK is concerned.

That same crime may not be 'forgiven' under US statutes.

thanks rebeccajo - that is, of course, exactly the point I was trying to make!

[dwar49 0]

Okay first of all was he convicted of anything?

If he was, then it should show up on his police report that you are required to have at the interview. Even if it doesnt, DO NOT AND I REPEAT DO NOT LIE ABOUT ANYTHING!!!

If you are found out you are guilty of immigration fraud and your visa will be denied. Little or no chance of it ever being approved.

Now secondly, not only are both countries laws taken into account. Yes you can be forgiven of crime overseas but the US still hold it againest you. In your case you have another problem.

Does he have custody of his child via divorce decree and is he planning on bringing that child with him? If so he is going to have to get permission from his ex wife to do that.

Also I strongly recommend you get a lawyer. The US and France are both signatories to the Hague Convention international child protection laws. If he violated any of those laws (which he did if he refused visitation) that could be held againest him.

Get a good immigration lawyer and be honest.

[Caladan 19]

If it's not on his police report, how is the US gov't going to know?

On one of the forms, you're required to declare if you've been arrested for any crime or offense. In C.'s case, we had to check 'yes' for that, as he had been arrested for a traffic-related offense, even though he had no police record (they just arrested him to get him to pay an outstanding fine.), formal RCMP record or local record or otherwise.

The consular officer chuckled that he had been so honest as to declare it, but we're pretty sure we did the right thing.