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CookieAsh

Juvenile offences in criminal record.

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Filed: K-1 Visa Country: United Kingdom
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Hi all,

ive read alot of forums regarding this kind of issue, I have 3 juvenile offences from 12 years ago one was a reprimand, referral order and a conditional discharge 6 months. All minor crimes when I was a nuisance of a teenager, I have since enlisted and served in the army for 10 years and I'm due to leave in march, scheduling my k1 visa interview for February. I have one adult caution for battery which was just threatening someone and got cautioned for it, should I be worried about all of these, or will my juvenile record be overlooked due to my 10 year service In the military? All of these showed up on my acro report I literally have no idea what is going to happen, any advice would be great, cheers. 

Edited by CookieAsh
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Filed: K-1 Visa Country: United Kingdom
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9 minutes ago, USS_Voyager said:

What were the offenses?

Burglary Non Dwelling - stole a traffic cone from a construction site I was 14 just for a joke but I got a reprimand for it. Wasn't laughing after! 

 

Second one I was 14 again in 2008, Damage to property - Smashed windows at school, got the referral order for that. 

 

Third juvenile was Theft 2009 I was 15 took an airhorn out of store. Was given a 6 month conditional discharge for that, all petty and stupid when I was kid, the conditional discharge was given and I joined the army stayed clean for obvious reasons with the job didn't think my youth would catch up on me, I got a caution for Battery while still in the military, I threatened the guy my ex wife had an affair with and I got a caution for that in 2015. 

Edited by CookieAsh
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39 minutes ago, CookieAsh said:

will my juvenile record be overlooked due to my 10 year service In the military?

Read this: https://www.alllaw.com/articles/nolo/us-immigration/consider-your-juvenile-criminal-records.html

 

2. Juvenile Convictions

In general, a guilty verdict, ruling, or judgment in a juvenile court does not constitute a conviction for immigration purposes. A conviction for a person who is under 18 years of age and who was charged as an adult constitutes a conviction for immigration purposes.

 

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

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Filed: K-1 Visa Country: United Kingdom
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23 minutes ago, USS_Voyager said:

Read this: https://www.alllaw.com/articles/nolo/us-immigration/consider-your-juvenile-criminal-records.html

 

2. Juvenile Convictions

In general, a guilty verdict, ruling, or judgment in a juvenile court does not constitute a conviction for immigration purposes. A conviction for a person who is under 18 years of age and who was charged as an adult constitutes a conviction for immigration purposes.

 

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

Thanks, I received a reprimand and had 2 charges as a juvenile, I was not convicted as an adult nor have I had a conviction as an adult. I'm hoping they might overlook but I'll just have panic, wait and see. 

Edited by CookieAsh
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A caution is a conviction for US immigration purposes.

 

The juvenile ones should not be an impact here, despite it involving theft (usually a CIMT).

 

The battery one may be an issue. Specifics matter (and I don’t know local laws, the specific circumstances involved, what the maximum penalty could have been, etc). It may or may not be a CIMT. It may or may not fall under the petty offense exception criteria.

 

Having served in the military does not change criminal offenses. Crimes either fall or don’t fall as an inadmissibility.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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5 minutes ago, CookieAsh said:

Thanks, I received a reprimand and had 2 charges as a juvenile, I was not convicted as an adult nor have I had a conviction as an adult. I'm hoping they might overlook but I'll just have panic, wait and see. 

Should be fine. The most important thing is you be honest 100% when they ask about it. 

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Filed: K-1 Visa Country: United Kingdom
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3 minutes ago, geowrian said:

A caution is a conviction for US immigration purposes.

 

The juvenile ones should not be an impact here, despite it involving theft (usually a CIMT).

 

The battery one may be an issue. Specifics matter (and I don’t know local laws, the specific circumstances involved, what the maximum penalty could have been, etc). It may or may not be a CIMT. It may or may not fall under the petty offense exception criteria.

 

Having served in the military does not change criminal offenses. Crimes either fall or don’t fall as an inadmissibility

Thanks for your advice, I'll keep my fingers crossed and answer truthfully to all questions presented to me at the interview. 

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Filed: Citizen (apr) Country: England
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1 hour ago, CookieAsh said:

Burglary Non Dwelling - stole a traffic cone from a construction site I was 14 just for a joke but I got a reprimand for it. Wasn't laughing after!

You're the second Brit I've know on these forums who got nailed over a traffic cone. He was wearing it on his head. 😂🤣

 

I wanted to add to keep copies of all official information on your offenses. One of my VJ friends had it delay his citizenship until he could provide documentation of an incident when he let the air out of a neighbor's tyres. He was about 12 years old. 

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Filed: K-1 Visa Country: United Kingdom
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Just now, Wuozopo said:

You're the second Brit I've know on these forums who got nailed over a traffic cone. He was wearing it on his head. 😂🤣

 

I wanted to add to keep copies of all official information on your offenses. One of my VJ friends had it delay his citizenship until he could provide documentation of an incident when he let the air out of a neighbor's tyres. He was about 12 years old. 

Mate I was 14, I ran out of a building site with the bloody cone on my head too 😂 but in all serious its making me flap a bit now all jokes aside! 😅 Go ahead and add, I saw the forum about that guy who let air out of a tyre 😂 

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Filed: Citizen (apr) Country: England
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5 minutes ago, CookieAsh said:

Mate I was 14, I ran out of a building site with the bloody cone on my head too 😂

You just made me spew my morning cuppa!

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Filed: K-1 Visa Country: United Kingdom
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6 hours ago, CookieAsh said:

Burglary Non Dwelling - stole a traffic cone from a construction site I was 14 just for a joke but I got a reprimand for it. Wasn't laughing after! 

 

Second one I was 14 again in 2008, Damage to property - Smashed windows at school, got the referral order for that. 

 

Third juvenile was Theft 2009 I was 15 took an airhorn out of store. Was given a 6 month conditional discharge for that, all petty and stupid when I was kid, the conditional discharge was given and I joined the army stayed clean for obvious reasons with the job didn't think my youth would catch up on me, I got a caution for Battery while still in the military, I threatened the guy my ex wife had an affair with and I got a caution for that in 2015. 

My hubby has a criminal record with one conviction as a juvenile and the rest all warnings and cautions. I really didn't think I was going to be approved and they did grill him at the interview but we were approved. I'm not in the process of waiting for the adjustment of status. Especially since they were just warnings, and being juvenile, I think you should be fine. Of course, it all does depend on the officer and how they feel but we didn't have a problem. Just make sure that if there is any court documents, you get them all. It was a pain for us because his juvenile case was over 10 years old so they had already destroyed everything. But we ended up getting his Memorandum of Conviction and attached the emails stating that is all they had and it worked for us.

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Filed: K-1 Visa Country: Kosova
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13 hours ago, CookieAsh said:

Hi all,

ive read alot of forums regarding this kind of issue, I have 3 juvenile offences from 12 years ago one was a reprimand, referral order and a conditional discharge 6 months. All minor crimes when I was a nuisance of a teenager, I have since enlisted and served in the army for 10 years and I'm due to leave in march, scheduling my k1 visa interview for February. I have one adult caution for battery which was just threatening someone and got cautioned for it, should I be worried about all of these, or will my juvenile record be overlooked due to my 10 year service In the military? All of these showed up on my acro report I literally have no idea what is going to happen, any advice would be great, cheers. 

Are you the petitioner, or the beneficiary? 

 

6 hours ago, Pooley said:

My hubby has a criminal record with one conviction as a juvenile and the rest all warnings and cautions. I really didn't think I was going to be approved and they did grill him at the interview but we were approved. I'm not in the process of waiting for the adjustment of status. Especially since they were just warnings, and being juvenile, I think you should be fine. Of course, it all does depend on the officer and how they feel but we didn't have a problem. Just make sure that if there is any court documents, you get them all. It was a pain for us because his juvenile case was over 10 years old so they had already destroyed everything. But we ended up getting his Memorandum of Conviction and attached the emails stating that is all they had and it worked for us.

Are you the petitioner, or the beneficiary? 

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Filed: K-1 Visa Country: United Kingdom
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Just now, Rob Beri said:

Are you the petitioner, or the beneficiary? 

 

Are you the petitioner, or the beneficiary? 

Beneficiary in the UK. 

Edited by CookieAsh
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Filed: K-1 Visa Country: Kosova
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3 minutes ago, CookieAsh said:

Beneficiary in the UK. 

From what I gathered on here beneficiaries' backgrounds have a higher burden, however, if the offenses are minor, and you are truly honest about everything I think you should be good.

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