scared - criminal record - waiver?

[sar555 0]

Hello everyone - I posted this in the K-3 Forum and they thought perhaps the waiver area would be better since it sounds like I might need one. Heres' a copy of the post: I've been worried sick for weeks.... I'm awaiting an interview date in London with my husband. 12 years ago my he was in remand for roughly 4 months for concern in the supply of drugs and fighting. This means no drugs were ever found but they thought he might know information on it (at least that's my understanding)- there were no drugs to find anyhow as he was innocent of that. Problem is, before he was supposed to go to court, they say if you plead guilty you can walk out today. They were scared that if he said not guilty and won, he's sue for false arrest. He really wanted out right away so he said guilty and walked out. I've read tons and tons and I know drug crimes are grounds for dismissal but are there any tid-bits of positive light for us? I should note too, he has nothing else on his record - just the wrong place at the wrong time 12 years ago. We've been using a lawyer since the start so I think I need to sit tight until the police records come back but this is a nightmare - i can't sleep!!! Anyone heard of worse that turned out okay? Anyone know how to look up the statues on what exactly he was charged with from back in 1994/5?

[babybunny 2]

. He really wanted out right away so he said guilty and walked out.

\

well stop stressing because you FOR SURE NEED A WAIVER. here is the thing about the guilty plea. it was signed guilty. no matter what you say, what he sayes, what anyone sayes. Guilty is a matter of FACT! Guilty means " I DID THE CRIME " when you plea guilty no matter how sweet any bargain is it remains as an admission to the crime. in this case he plead guilty to DRUGS! means he DID IT. having said that prepare for your waiver and hope after x amount of years he can come to the usa. because, he plead guilty for drugs. that means Inadmissable. good luck.

[JenT 0]

You might want to pm Mary&Tom and talk to her about her experience. She wound up moving to the UK which may be your only option as well....

Jen

[kitkat1 5]

You will need a waiver and hardship letter (from both the USC and beneficiary) to prove extreme hardship

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to Receive Visas

2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(B Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

[Boiler 45,974]

supply of drugs

Pretty sure if that was what he was convicted of, there is no waiver.

[rebeccajo 14]

Mary&Tom's situation was unique in that the incident involved a border crossing - therefore the charges were elevated to 'exporting'.

OP, did your attorney advise you to obain court records?

[Boiler 45,974]

Mary&Tom's situation was unique in that the incident involved a border crossing - therefore the charges were elevated to 'exporting'.

OP, did your attorney advise you to obtain court records?

Was he the guy who was going to Ireland and was caught in possession?

I was not anyway thinking about them, I have seen waivers approved for users, small amount, some time back, have rehabilitated.

I have never seen one approved for a dealer.

[rebeccajo 14]

Mary&Tom's situation was unique in that the incident involved a border crossing - therefore the charges were elevated to 'exporting'.

OP, did your attorney advise you to obtain court records?

Was he the guy who was going to Ireland and was caught in possession?

I was not anyway thinking about them, I have seen waivers approved for users, small amount, some time back, have rehabilitated.

I have never seen one approved for a dealer.

Boiler - there was a carload of 4 or 5 men in the vehicle crossing over to Ireland. The drugs were found in the vehicle and not in any one person's possession.

[Boiler 45,974]

Mary&Tom's situation was unique in that the incident involved a border crossing - therefore the charges were elevated to 'exporting'.

OP, did your attorney advise you to obtain court records?

Was he the guy who was going to Ireland and was caught in possession?

I was not anyway thinking about them, I have seen waivers approved for users, small amount, some time back, have rehabilitated.

I have never seen one approved for a dealer.

Boiler - there was a carload of 4 or 5 men in the vehicle crossing over to Ireland. The drugs were found in the vehicle and not in any one person's possession.

But he was convicted? I thought.

Anyway a completely different situation to this.

[rebeccajo 14]

Mary&Tom's situation was unique in that the incident involved a border crossing - therefore the charges were elevated to 'exporting'.

OP, did your attorney advise you to obtain court records?

Was he the guy who was going to Ireland and was caught in possession?

I was not anyway thinking about them, I have seen waivers approved for users, small amount, some time back, have rehabilitated.

I have never seen one approved for a dealer.

Boiler - there was a carload of 4 or 5 men in the vehicle crossing over to Ireland. The drugs were found in the vehicle and not in any one person's possession.

But he was convicted? I thought.

Anyway a completely different situation to this.

Pled on the advice of counsel and paid a 100 quid fine. Not a conviction.

[Boiler 45,974]

He would have pled Guilty of Not Guilty.

And if you are found Not Guilty you are not fined.

To avoid further discussion, here is what they said:

I would like to know more about this. I keep hoping there is some way to overturn the conviction on tom's record as he was innocent to begin with. At the very least I would like to find out how to get the court to come forward and clarify that he agreed to plead guilty to a much lesser charge than what turned up on his police report. He never even realized until he got the police report, what he had agreed to.

[rebeccajo 14]

Boiler, all I meant was I don't know if he pled 'no contest' or 'not guilty'.

Because #1 - I just don't know and #2 I don't know if you can plead that way in the UK.

That's all I meant.

*edited to say that I now see your post. I thought he had pled guilty (I thought that was what Mary had told me) but I didn't want to mis-speak if I was wrong*

Edited April 19, 2007 by rebeccajo

[Boiler 45,974]

Not in UK:

http://en.wikipedia.org/wiki/Nolo_contendere

Seems principally a US thing but even then it seems to still count as a guilty plea.

[KTMMAN(non compus mentis) 0]

So basically he served 4 months in prison for concern in the supply drugs?(Ive never heard of a charge like that)and from what you say he wasn't guilty but only pled guilty because the police pressured him into it,is your lawyer in the U.K. or U.S. cos U.K. lawyer would be much more use as he will have a better understanding of the UK law and will be much easier and quicker for you,also the fighting charge was it an assault or something more serious like actual bodily harm,grevious bodily harm or affray as that will have bearing on your case also,and yes I did a 601 waiver so Ive done my homework on the subject

Edited April 20, 2007 by KTMMAN(non compus mentis)