Criminal History - Waiver?

[tomwatson92 0]

Hey all, i’m posting this to get peoples opinions on the current situation…i’m due to speak with an Immigration Lawyer next Friday but i keep overthinking everything and need to vent.

 

Currently part way through K1 visa (i’m the beneficiary in the UK) 9 months into the i129F waiting time. 
 

I have some convictions on my Police record, one when i was 17 and one when i was an adult. Both indecent exposure. 
 

Now, as far as i’m aware theres a rule that if a conviction is under 18yrs old and it was more than 5 years before filing the K1, its an exception but obviously there is two crimes so that exception is null and void. 
 

There is another exception that if theres two crimes, regardless whether it involves moral turpitude or not, if the aggregate sentaces of prison time are over 5 years, they’re inadmissable - my minor conviction was just a warning (i understand in the USCIS’ eyes, its still a conviction so fair enough) and the adult conviction was a fine. No prison time. 
 

Looking up US laws, it would appear this is a misdemeanor punishable upto a max of 1 year in prison in many states so it seems like it fits the bill.

 

I’ve spent countless hours trying to find someone else in a similar position and i got lucky, i found some USCIS headed letters basically confirming that indecent exposure whether for sexual gratification or not is not a moral turpitude. 
 

I then found another USCIS headed letter from someone who had 4 convictions (two were moral turpitude, two werent) but because he didn’t do any prison time, he was not inadmissable so was allowed to enter the US. 
 

My question really, when the time comes for the interview at the embassy - how would it normally happen? Is the officer just going to see the convictions on the Police report and deny it straight away and then have to file a waiver or am i allowed to present the documents i’ve found that the crime isn’t moral turpitude and the fact i’ve not done prison time? 
 

Any input in muchly appreciated, like i said i just need to vent because i still have over 10 days to speak to my lawyer. 

Edited September 13, 2022 by tomwatson92

[JeanneAdil 6,581]

Have u been getting  psychiatric treatment 

and can you prove it?

[Boiler 45,733]

They look at what you could have been sentenced, what the max was.

 

I doubt a US Lawyer would be familiar with UK law so would need to consult with a UK Solicitor.

[tomwatson92 0]

JeanneAdil - Yes, and can prove it. 
 

Boiler - so, at the interview would they look into it and if they see also that the maximum penalty is a year in prison and i can prove i didn’t do any prison time, they would approve it or just deny it and have me prove it via a waiver? 
 

The lawyer i’ve found is a UK based lawyer but has studied US immigration since 1992 and specialises in waivers/inadmissabilities so i would imagine he knows his stuff about both sides. 

[Family 4,065]

You will need two attorneys ( US and UK) to review your convictions and come up w an analysis.

 

I point out that for example, in CA “repeat” offender is automatic felony and IN ALL the 50 states there is mandatory registration as a sex offender. 
 

.2. Repeat offenders: automatic felony indecent exposure

https://www.shouselaw.com/ca/defense/penal-code/314/#2.2

[Boiler 45,733]

13 minutes ago, tomwatson92 said:

JeanneAdil - Yes, and can prove it. 
 

Boiler - so, at the interview would they look into it and if they see also that the maximum penalty is a year in prison and i can prove i didn’t do any prison time, they would approve it or just deny it and have me prove it via a waiver? 
 

The lawyer i’ve found is a UK based lawyer but has studied US immigration since 1992 and specialises in waivers/inadmissabilities so i would imagine he knows his stuff about both sides. 

It will initially depend if the CO is confident to decide waiver or no waiver at the interview I would expect they will need to review/ consult, I do not know the answer to this one and would need to look it up.

 

I forget his name, are you talking to the guy in Brighton?

[tomwatson92 0]

It must be haha - Steve Heller

 

I just didn’t know what would happen at the physical interview under the current circumstances so i was curious on peoples opinions. 

[Boiler 45,733]

2 hours ago, tomwatson92 said:

It must be haha - Steve Heller

 

I just didn’t know what would happen at the physical interview under the current circumstances so i was curious on peoples opinions. 

He used to work at the Consulate and I have never come across anything negative about him, somebody I would have suggested.

 

There are 3 options, you get your visa, they want a waiver, or they need to think about it. Now if the latter then an opinion from him explaining why it should be issued could help.

 

He will no doubt know the extent of the issue, he has been doing this for a long time.

[Used to be broken 147]

I do expect it will come up in the interview and as Ricky Ricardo says, "you will have some splaining to do". 

My guess is the consular officer will take into consideration the setting and circumstance in which these charges occured and make a determination based on that. Indecent exposure is pretty vague  (regardless of prison time or not). If I am the consular officer and its a nude swimming at a beach charge x 2,  one when you were 17 and one when you are 19,  that is youthful indiscretion and not moral turpitude in my book. On the other hand if you are  cruising playgrounds exposing yourself to children we have a different outcome if I am the consular officer, and my thoughts would be this person can stay in the UK because we already have enough of that going on in the US without importing it.  Its my understanding Consular Officers have wide discretion so who knows what the outcome will be. 

Edited September 13, 2022 by Used to be broken