Police Certificate Received

[helzie 0]

My husbands K3 interview is on 2nd May. He has just received his police certificate.

It lists the following:

1 conviction for theft

4 cautions for theft

1 caution for fraud (evading a fare on the tube or train)

1 caution for drunk and disorderly.

All of these are more than 5 years old.

If we get the court transcripts for the conviction, is there a chance he will not need a waiver? Or will he difinitly need a waiver?

Any info would be helpful!!!

I am also posting this in the waiver forum.

Thank you!!!!

[youngie 0]

My husbands K3 interview is on 2nd May. He has just received his police certificate.

It lists the following:

1 conviction for theft

4 cautions for theft

1 caution for fraud (evading a fare on the tube or train)

1 caution for drunk and disorderly.

All of these are more than 5 years old.

If we get the court transcripts for the conviction, is there a chance he will not need a waiver? Or will he difinitly need a waiver?

Any info would be helpful!!!

I am also posting this in the waiver forum.

Thank you!!!!

No doubt what so ever, he needs a waiver. even then he'll be lucky to to get the waiver approved.

[helzie 0]

Are you joking? This can't be!!! Please let me hear from someone else!

[youngie 0]

Are you joking? This can't be!!! Please let me hear from someone else!

Well belive it or not, i see 6 cmt's there, multiple convictions are a serious matter, so 6 crimes of moral turpitude + a drunk and disorderly, isnt a simple case.

My advice seek a good immigration lawyer, who has experiance of waivers.

[Bobbie 1]

Are you joking? This can't be!!! Please let me hear from someone else!

Well belive it or not, i see 6 cmt's there, multiple convictions are a serious matter, so 6 crimes of moral turpitude + a drunk and disorderly, isnt a simple case.

My advice seek a good immigration lawyer, who has experiance of waivers.

Just from the thousands of posts I've read (now i need lasik).....this is a brain dead simple case of YES YOU NEED A WAIVER....in my opinion.

[mary&tom 0]

My husbands K3 interview is on 2nd May. He has just received his police certificate.

It lists the following:

1 conviction for theft

4 cautions for theft

1 caution for fraud (evading a fare on the tube or train)

1 caution for drunk and disorderly.

All of these are more than 5 years old.

If we get the court transcripts for the conviction, is there a chance he will not need a waiver? Or will he difinitly need a waiver?

Any info would be helpful!!!

I am also posting this in the waiver forum.

Thank you!!!!

I don't know how cautions are regarded. I certainly hope that it's only the one conviction that will be considered. In any case you do need the court record for the conviction. The USA does not recognize the UK's Rehabilitation of Offenders Act so the fact that these are more than 5 years old is irrelevant.

mary

[helzie 0]

It would be good if someone could let me know if they also look at cautions in the uk as convictions. I am under the impression we will need a waiver, and due to lack of funds, I will be going about this myself. Any sort of help with the process would be appreciated.

Thank you for your information so far.

[youngie 0]

It would be good if someone could let me know if they also look at cautions in the uk as convictions. I am under the impression we will need a waiver, and due to lack of funds, I will be going about this myself. Any sort of help with the process would be appreciated.

Thank you for your information so far.

Unfortunatly, according to this, an admission of commiting a crime, is the same as a conviction.By accepting a caution the person is admiting to the crime.

a. Any alien convicted of, or who admits having committed, or who admits the essential elements of a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime) is inadmissible.

INA § 212(a)(2)(A)(i).

[helzie 0]

It would be good if someone could let me know if they also look at cautions in the uk as convictions. I am under the impression we will need a waiver, and due to lack of funds, I will be going about this myself. Any sort of help with the process would be appreciated.

Thank you for your information so far.

Unfortunatly, according to this, an admission of commiting a crime, is the same as a conviction.By accepting a caution the person is admiting to the crime.

a. Any alien convicted of, or who admits having committed, or who admits the essential elements of a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime) is inadmissible.

INA § 212(a)(2)(A)(i).

Would this mean I have to file a 601 or 212 waiver?

[ilovemyfrenchie 0]

It would be good if someone could let me know if they also look at cautions in the uk as convictions. I am under the impression we will need a waiver, and due to lack of funds, I will be going about this myself. Any sort of help with the process would be appreciated.

Thank you for your information so far.

Unfortunatly, according to this, an admission of commiting a crime, is the same as a conviction.By accepting a caution the person is admiting to the crime.

a. Any alien convicted of, or who admits having committed, or who admits the essential elements of a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime) is inadmissible.

INA § 212(a)(2)(A)(i).

Would this mean I have to file a 601 or 212 waiver?

YOU'LL NEED A I-601 WAIVER (THE I-212 IS FOR REMOVAL/DEPORTATION), WHICH YOU CAN ONLY FILE AFTER THE IMMIGRATION OFFICER FINDS HIM "INADMISSABLE" AT THE INTERVIEW.

LOOK AT THE TOP OF THIS SECTION FOR I-601 HELP. GOOD LUCK.

[dwar49 0]

He will be told at the interview he is inadmissable and they will inform him that he can file a I-601 Waiver

The cautions in of them selves are not grounds for inadmissability, however they are going to be held againest him as evidence of moral turpitude when the I-601 is decided on.

You can prepare the I-601 in advance and they will accept it at the interview.

You will have to prove extreme hardship and prove that he is a reformed person (very hard to do)

Definitly get a lawyer, you have little or no chance of approval without one.

[youngie 0]

He will be told at the interview he is inadmissable and they will inform him that he can file a I-601 Waiver

The cautions in of them selves are not grounds for inadmissability, however they are going to be held againest him as evidence of moral turpitude when the I-601 is decided on.

You can prepare the I-601 in advance and they will accept it at the interview.

You will have to prove extreme hardship and prove that he is a reformed person (very hard to do)

Definitly get a lawyer, you have little or no chance of approval without one.

Hi, you say that the cautions themselves are not grounds for inadmissability, can i ask how you know this ?, it was my belief that in the eyes of USCIS thay are as good as a conviction, in respect of the fact that by accepting a caution, the person admits to the crime.

Im doing Aos from vwp, and i have been worried that because i have a shoplifting conviction from when i was 13 years of age, and a caution for criminal damage from some 4 years ago (i am now 31), that due to the caution i now fall foul of the multiple conviction rules governing inadmissability.

If you think you could offer a view on my circumstances, i.e. do you think i will require a waiver. it would be appreciated..

Many thanks..

[Boiler 45,538]

He will be told at the interview he is inadmissable and they will inform him that he can file a I-601 Waiver

The cautions in of them selves are not grounds for inadmissability, however they are going to be held againest him as evidence of moral turpitude when the I-601 is decided on.

You can prepare the I-601 in advance and they will accept it at the interview.

You will have to prove extreme hardship and prove that he is a reformed person (very hard to do)

Definitly get a lawyer, you have little or no chance of approval without one.

Hi, you say that the cautions themselves are not grounds for inadmissability, can i ask how you know this ?, it was my belief that in the eyes of USCIS thay are as good as a conviction, in respect of the fact that by accepting a caution, the person admits to the crime.

Im doing Aos from vwp, and i have been worried that because i have a shoplifting conviction from when i was 13 years of age, and a caution for criminal damage from some 4 years ago (i am now 31), that due to the caution i now fall foul of the multiple conviction rules governing inadmissability.

If you think you could offer a view on my circumstances, i.e. do you think i will require a waiver. it would be appreciated..

Many thanks..

Your timeline says K1?

How did you deal with the I-94W?

B. Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years seeking entry to engage in criminal or immoral activities?

I though anything under 18 did not count.

I also understood a caution involved and admission of guilt.

[youngie 0]

He will be told at the interview he is inadmissable and they will inform him that he can file a I-601 Waiver

The cautions in of them selves are not grounds for inadmissability, however they are going to be held againest him as evidence of moral turpitude when the I-601 is decided on.

You can prepare the I-601 in advance and they will accept it at the interview.

You will have to prove extreme hardship and prove that he is a reformed person (very hard to do)

Definitly get a lawyer, you have little or no chance of approval without one.

Hi, you say that the cautions themselves are not grounds for inadmissability, can i ask how you know this ?, it was my belief that in the eyes of USCIS thay are as good as a conviction, in respect of the fact that by accepting a caution, the person admits to the crime.

Im doing Aos from vwp, and i have been worried that because i have a shoplifting conviction from when i was 13 years of age, and a caution for criminal damage from some 4 years ago (i am now 31), that due to the caution i now fall foul of the multiple conviction rules governing inadmissability.

If you think you could offer a view on my circumstances, i.e. do you think i will require a waiver. it would be appreciated..

Many thanks..

Your timeline says K1?

How did you deal with the I-94W?

B. Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years seeking entry to engage in criminal or immoral activities?

I though anything under 18 did not count.

I also understood a caution involved and admission of guilt.

I did'nt know what moral turpitude meant, and under the rehabilition of offenders act in the UK i was not under obligation to disclose my offence under the age of 17. I now know that the US dose'nt recognise spent convictions, but seeing that when i filled in the forms i did'nt know this, i did not deny a material fact.

Are you sugesting that i may not require a waiver in respect of my criminal record ?

Don't tell me, you now think i may need a waiver for misreprestation on the i-94w. ??

[garyandkris 0]

Helzie, are you sure he has four cautions for theft? As I understand it, once you receive a caution for theft, if you are arrested for theft again within a certain amount of time, another caution is not an option. The police must send you on to trial if they want to pursue the matter. Or were his cautions spread out over many years? In any case, please, please have a consultation with a qualified immigration lawyer.

I've also heard that US immigration treats a caution for a CiMT the same as a conviction, but I don't know if this is strictly true. I've asked a lawyer about it to see what her opinion is, but haven't heard back yet. On the one hand, it seems reasonable in theory because there must be an admission of guilt before a caution can be issued. In reality, many people accept cautions simply to avoid the hassle of going to court, regardless of whether or not they are guilty. When the police tell you, "Admit you did it and we'll let you go with a warning", it's very tempting to agree even if you are innocent. If people realized that other governments might treat their caution as a conviction and therefore bar them from entering their countries, I think a lot less people would agree to the caution.

Youngie, my husband also has one caution and one conviction on his record, but both are from when he was an adult. There is some debate as to whether or not his conviction is a CiMT, but our lawyer doesn't think so. We've been told Gary will probably be granted his visa and not required to file a waiver. I would think that given your conviction occurred under the age of eighteen and that you were cautioned and not actually convicted for your second offense, you should not have problems with AOS. This is only my opinion, though. If you are really worried, have a consult with a lawyer to clarify things. It won't cost very much but will give you the answers you need and peace of mind.