Petty Crime Exception Maximum Penalty Possible?

[SteveInBoston 42]

I am confused here with the advice of others stating that the OP should abandon the K1 and try to move to the UK.

 

The OP is applying for a K1 now.  The beneficiary has a criminal record from over 10 years ago.  When the beneficiary fills out the DS-160 he will need to list this crime.  It does not qualify for PCOE, but will it be a flat refusal at the embassy?  Or will they take the fact that is was a while in the past and the court's disposition of the case into consideration?

[Crazy Cat 41,850]

41 minutes ago, SteveInBoston said:

I am confused here with the advice of others stating that the OP should abandon the K1 and try to move to the UK.

 

The OP is applying for a K1 now.  The beneficiary has a criminal record from over 10 years ago.  When the beneficiary fills out the DS-160 he will need to list this crime.  It does not qualify for PCOE, but will it be a flat refusal at the embassy?  Or will they take the fact that is was a while in the past and the court's disposition of the case into consideration?

Sometimes, there is more to the story than it appears on the surface.

[geowrian 22,337]

1 hour ago, SteveInBoston said:

Or will they take the fact that is was a while in the past and the court's disposition of the case into consideration?

How long ago the crime occurred is not a factor in determining inadmissibility.

A waiver may be available, though.

https://fam.state.gov/fam/09FAM/09FAM030203.html

[yuna628 9,676]

2 hours ago, SteveInBoston said:

I am confused here with the advice of others stating that the OP should abandon the K1 and try to move to the UK.

 

The OP is applying for a K1 now.  The beneficiary has a criminal record from over 10 years ago.  When the beneficiary fills out the DS-160 he will need to list this crime.  It does not qualify for PCOE, but will it be a flat refusal at the embassy?  Or will they take the fact that is was a while in the past and the court's disposition of the case into consideration?

How long ago does not matter to the government, and will not typically provide a favorable outcome. A waiver can be filed in some cases, and perhaps depending on the nature of the charges can be overcome, but only after that process is gone through. It will likely be a long road for the OP. We only have some of the information provided, and knowing more will help people here help them better. Still the OP should consider all other options that might provide them a better desired outcome.

[Cece_Bloom 0]

Hello @mindthegap

I saw your comment above: 

The maximum sentences are indeed all clarified in law and it is possible to find this information out.

However, it depends on a number of factors. For example, was it charged as a summary offence (trial in a magistrates court , which is the lowest court with limited sentences), or as indicatble offence  (trial by jury in a crown court). Think of it as misdemeanor vs felony. Or perhaps it was dealt with by way of a formal caution, which is dealt with without trial, but requires an admission of guilt to accept and consequently is treated the same as if it were a conviction under US immigration law. 

 

Does this mean to say, if the crime was taken to a magistrates court, tired and sentenced - the the maximum penalty for that crime would be considered a 'petty offence'. I understand that in England, the max penalty a magistrates court can give out is 6month and/or a fine. While the max penalty for a Crown Court can differ.