mrjamie

Hi,

We have filed our I-130, and in the process of taking the DCF route to so we can move the the US.

My wife (USC) has been in the UK for 8 years and has LTR, we have been married for 14 months.

It has come to my attention that my criminal record (shoplifting £80) 6 years ago could dramatically affect the outcome of the application.

I attempted to overturn the conviction at the crown court as it was a genuine mistake, but the jury gave a guilty verdict and I (UKC) was charged with shoplifting and as a result had to carry out 40 hours of community service.

I have never been charged with any offence, prior or since and am of good character. I am a director of my own successful business, I have a good financial history, etc etc.

I have been trying to find out exactly how this will affect our situation - my guess is that it will ultimately be in the hands of the USCIS and we will just have to wait and see.

Is there anything I can do (reports, documents, statements) to show proof that I'm decent member of the community and not a hardened criminal?

Many thanks,

J

ian-mstm

It could, yes.


Shoplifting is usually considered a CIMT, and a CIMT may make you inadmissable. If that's the case, you'll need an I-601 Waiver of Inadmissibility. You can't submit the waiver until after the application has been denied. You may want to talk to an experienced immigration attorney about this. The 40 hours of community service you received is largely irrelevant. What is most relevant is the punishment that you could have received had they decided to throw the book at you! That is the criteria that will be used to judge your actions.


Since you're going to need an ACPO certificate anyway, best to get started on that right now. You'll also want to get copies of the court records and police reports. Have this info in hand when you talk to the attorney.

Ian

mrjamie

Thanks for the reply Ian.

There seems to be lots of 'if's and 'may's - Does this mean there's no clear cut answer and it is based upon individual circumstances?

Is it the representative at the interview in London that makes this decision?

Sounds like I have 5 months of worry ahead of me!

ian-mstm

It depends not only your your individual circumstances, it's also very much the luck of the draw regarding the examiner assigned to your case. There's really no way to know ahead of time, whether it'll be an issue... so you must assume it will be and proceed from there.


AFAIK, yes.

Ian

mrjamie

Many thanks again Ian!