UK Beneficiary criminal record

[carmel34 3,611]

There have been a few different VJ posts, in the last few days, on questions about criminal records and inadmissability under US immigration law.  I suggest you review those posts as they will give you more in-depth information on situations when a waiver after denial of the visa might be possible.  In some cases it's not worth pursuing, as the law is pretty clear on when a waiver can be tried and when it can't.  Do more research and then decide on whether or not a lawyer is worth spending money on.  If there's no way a waiver will be successful, you may have to consider immigrating to the UK.

[John & Rose 7,239]

Just now, Pooley said:

Yes we have. When we first met, he was very forthcoming about his past as he was a bit wild in his teen days. He applied for a new job and had to order a police certificate and it came back saying no criminal record. When we ordered for the visa however, it showed every caution he has had plus his juvenile charge. Besides his one charge and  one other caution, they're all for fighting and only two of those cautions on his adult record and the rest are all when he was 14-16 years old. 

The police cert for jobs and for immigration are definitely different.  The lawyer may be a good investment as the CO may see a pattern of aggressive behavior that may be cause for denial.  He will need to present the police certificate at the interview so at the very least he is going to be facing a lot of questions.  A well trained CO may even try to get him upset to see how he reacts.  That is what I would do.  If he has a temper and he looks aggressive to the CO the odds of approval will be very low.  Make sure he knows that going in.

[EnglishLove 112]

Just now, carmel34 said:

There have been a few different VJ posts, in the last few days, on questions about criminal records and inadmissability under US immigration law.  I suggest you review those posts as they will give you more in-depth information on situations when a waiver after denial of the visa might be possible.  In some cases it's not worth pursuing, as the law is pretty clear on when a waiver can be tried and when it can't.  Do more research and then decide on whether or not a lawyer is worth spending money on.  If there's no way a waiver will be successful, you may have to consider immigrating to the UK.

I have but there's no clear answers really or they are all conflicting answers. I'm going to be consulting with an attorney but I'm hoping since it's in the UK, they will be more lenient from what I've been told from other UK filers. 

[Crazy Cat 41,649]

4 minutes ago, Pooley said:

No different than that or breaking up a bar fight and just getting a warning. I

Isn't the caution admitting guilt?  If so, it is different from getting a warning.

[EnglishLove 112]

3 minutes ago, John & Rose said:

The police cert for jobs and for immigration are definitely different.  The lawyer may be a good investment as the CO may see a pattern of aggressive behavior that may be cause for denial.  He will need to present the police certificate at the interview so at the very least he is going to be facing a lot of questions.  A well trained CO may even try to get him upset to see how he reacts.  That is what I would do.  If he has a temper and he looks aggressive to the CO the odds of approval will be very low.  Make sure he knows that going in.

Yes, that makes sense. those were years ago when he was a teen but I know they don't care how much time has passed. Funny is they are allowed to visit the US but can't live here if they have cautions. You would think if they were going to break the law, it would be when they are visiting and then getting to leave. 🤷‍♀️

[John & Rose 7,239]

1 minute ago, Pooley said:

Yes, that makes sense. those were years ago when he was a teen but I know they don't care how much time has passed. Funny is they are allowed to visit the US but can't live here if they have cautions. You would think if they were going to break the law, it would be when they are visiting and then getting to leave. 🤷‍♀️

True!

 

I wonder if a spousal visa would make a difference?  Probably not but that may be something to look at.

Edited January 28, 2019 by John & Rose

[EnglishLove 112]

2 minutes ago, missileman said:

Isn't the caution admitting guilt?  If so, it is different from getting a warning.

If you're pulled over for speeding and admit to the officer you knew you were speeding and they let you off with a warning.. how is that different? They didn't arrest him or give him a ticket. 

[Just Paul 4,595]

3 minutes ago, John & Rose said:

I wonder if a spousal visa would make a difference?

You can at least appeal a spousal denial.

[John & Rose 7,239]

5 minutes ago, Paul & Mary said:

You can at least appeal a spousal denial.

Very true...

 

A K-1 is more likely to be ultimately denied than a CR-1.

A refused K-1 with the petition being sent back will sit and die.

A refused CR-1/IR-1 with the petition being sent back can be reaffirmed and not refused again for the same reason if based upon the same evidence.

[carmel34 3,611]

10 minutes ago, Pooley said:

I have but there's no clear answers really or they are all conflicting answers. I'm going to be consulting with an attorney but I'm hoping since it's in the UK, they will be more lenient from what I've been told from other UK filers. 

From your original post, the crimes mentioned are borderline--it's not clear if they fall under CIMT or not, therefore the question of inadmissability is not certain.  For example, "aggravated assault" is a CIMT, but you only mentioned "assault."  If the knife incident was in connection with an assault, that might be considered "aggravated assault" for purposes of immigration.  Also the possession of stolen goods conviction may not be considered theft by the immigration officer considering the case, it's subjective and unpredictable because these are "gray area" offenses, so I agree with other comments, be open and declare everything and take all the paperwork to the interview and answer all the questions and hope for the best, you might get approved.  If not, they will tell you if you can try to file a waiver or not, that's when a lawyer might be helpful, might not.

[EnglishLove 112]

26 minutes ago, Wuozopo said:

I would spend my money on a lawyer who specializes in waivers if and when it is denied. That's where you need special skills from a lawyer.  A waiver is not an easy thing to get. Before that, the officer will discuss it at the interview and tell him if he is eligible for a waiver.  I have known people with a CIMT or drug charges they thought would surely doom them get a visa in London. I don't recall any with so many charges. 

 

Clarify the charges--3 assaults and 1 stolen goods. Or is the one with probation a fifth charge?

Nope, that's it. The common assault cautions (two being when he was a juvenile). The stolen goods they gave him a caution because he was in possession of the motorcycle but wasn't actually charged because he proved he had no idea. 

[Wuozopo 4,293]

UK police caution explained by the UK government https://www.gov.uk/caution-warning-penalty

 

UK police caution explained by Wikipedia https://en.m.wikipedia.org/wiki/Police_caution

 

 

 

 

[EnglishLove 112]

6 minutes ago, John & Rose said:

Very true...

 

A K-1 is more likely to be ultimately denied than a CR-1.

A refused K-1 with the petition being sent back will sit and die.

A refused CR-1/IR-1 with the petition being sent back can be reaffirmed and not refused again for the same reason if based upon the same evidence.

Ugh.. I really hope that isn't the case. But thank you so much for your help!

[EnglishLove 112]

2 minutes ago, Wuozopo said:

UK police caution explained by the UK government https://www.gov.uk/caution-warning-penalty

 

UK police caution explained by Wikipedia https://en.m.wikipedia.org/wiki/Police_caution

 

 

 

 

"You have to admit an offence and agree to be cautioned. You can be arrested and charged if you don’t agree.

A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime."

I work in the law and have such a hard time with England laws sometimes. Why would anyone not take a caution over being arrested and brought to court? 

 

[Just Paul 4,595]

9 minutes ago, Pooley said:

Ugh.. I really hope that isn't the case. But thank you so much for your help!

what @John & Rose mentioned is 100% true.  His K1 was denied. K1's are not appealable.  He ended up getting married and started the spousal visa which takes longer time.

 

If time is more important you might want to get married because of the criminal issue.   If the petition comes up for denial it can be reaffirmed by USCIS and sent back to the Consulate. 

 

If you do the K1 it might be outright denied.  It can be denied at the USCIS or the DOS.  If it is denied by DOS you can not seek a waiver.   

 

You don't state how old the adult charges are.   The more seasoned they are the less of an overall impact they can have.