letmelive

Hi all, In early 2015 (was 18 at the time) I decided to enrol and train in California I was there for two years right before my m1 extension was bound to run out so I returned to uk early this year. I was 2/3rds from finishing my course which is about a month or two max. The school I was at have no issue sending me acceptance forms and updated i20s however here's my situation.


Prior to leaving for America in 2015 I underwent the typical visa process having previous convictions from a youth (aged 14-16,3 counts of robbery (2 joint) ) I was required like everyone else to provide a ACRO police report. The interviewer accepted my account that I was young,dumb and foolish at the time and granted my visa.

After 2 Trouble-free/productive years alone in America I return and recently I was charged with 2 counts of fraud and 1 possession of fraudulent article. I was given a 3 month suspended sentence (if I honestly went into detail of the offense it's ashaming in the sense that I was mislead all the way by my codefendant.) The charges came about in 2014 (just about when I turned 18) and having completed the sentence since then I've not gotten in trouble with the law and certainly don't intend to.

My intentions are to return to America on the same M1 visa only this time for 2-3 months maximum. When it comes to the interview portion of the visa process can anyone shed some light as to the potential outcome as I'm really frightened that the fraud charges on top of the old robbery charges will render my eligibility to enter America again to finish the remainder of the course having spent almost 6 figures in the two years I was there(dependent upon family). My criminal record doesn't portray the person I am today however I know Americans don't take these things lightly. I'm now 21 years of age with hopes of working in Africa after completing the remainder of this course

shiversaint

So in theory you are permanently ineligible for a visa as you have a criminal conviction. I suspect a fraud charge is a CIMT too which doesn't help your case.

The fact that you didn't goto prison for over a year helps, but we're only talking 2014, so it isn't THAT long ago.

Essentially you'll turn up to the interview and the best you can hope for is the officer will recommend you for a waiver of inadmissibility - then you're on the waiting game. If you get the recommendation, it'll be upwards of 6 months before you receive your visa.

The only thing I would say is that your crime sounds quite serious, and it's hard for commentators like us on this forum to have any idea of whether you'll actually get a waiver or not.

BUT - your timings don't make sense. So you were charged in 2014, and then left for the states in 2015 for two years (which would take us up to this year)? When were you sentenced? Surely you were obligated to be present for a trial? You then go on to say you were charged after "2 trouble free" years? It sounds like it's possible you omitted something during your initial application, give the timings you've described, which would be a pretty serious problem that'd require the attention of an immigration attorney.

Guindalf

So you were recently charged for the 2014 crimes or for new ones? Either way, not enough time has passed for them to be 'forgiven' in all likelihood, so I would think your chances are slim to none of being allowed back in.

Of course, if you don't apply, the chances are precisely zero and at this stage, you've nothing to lose apart from the application fees and your time.

It appears also that you have a suspended sentence hanging over your head, which would be another factor that would lead to a refusal. Quite frankly, the US doesn't care if you were misled. You were convicted, end of. And what matters is not what sentence you were given, but what the MAXIMUM sentence for the the crimes you committed (yes, you committed them, no matter how you were misled, if you were convicted).

I suspect you'll be looking at completing your education right there in Blighty or possibly in another country that is not so strict on allowing people in.

civilservant

This almost sounds like there was an open warrant for your arrest in the UK the entire time you were in the US.

Can you be a little more specific and clear on your timeline?

In any case I agree 100% with Guindalf, I don't believe you'll be coming back to the US any time soon, and potentially for at least 5 years. Simply not enough time has passed, and I think you probably left something out of your initial application for the first M1.

scrubbedexpat099

If you were charged in 2014 then you would have declared it on your M1?

letmelive

I was recently sentenced for the 2014 offenses. Never have I ever made any false declarations. By the time I had received my acro report and successfully completed my initial M1 visa application I had not been arrested. It was a few days prior to my departure so yes there was a warrant for my arrest during my time in USA not that they flew off my front door or arrested me upon returning to UK

SanDiegogirl

Sounds like you were 'packed off' to America by family to avoid the law in the UK.

Three counts of robbery, two counts of fraud and possession of fraudulent article all before you were 18.

Who takes out a student visa which runs out before their course is finished?

civilservant

So you commited an offense after your visa was issued - either way it's something you should have declared since your circumstances changed.

This is not going to end well for you. Misrepresentation is never a good idea.

Forget about going back to the US. It isn't going to happen.