katesuiter

Can someone tell me if it has any bearing on thier petition if either party was just arrested without conviction? If they were arrested on suspicion of what ever crime, but not formally charged or convicted, would even that hinder a case?
Thanx.
Kate. xxx

sarina

I have only been researching and if it is only an arrest with no convictions i don't see how this is going to be a problem i mean if you have all the documents which show that you were not guilty with no punishment. And for the guy with deportation you are saying you were deported and now back into the united states? or planning on coming back?

Patrick

Why what did you do Kate!!!!

The exeptions only apply to Convictions - the reason the "have you ever been arrested " question is on there because you could of been arrested a couple of weeks ago for something really bad "like wearing a loud shirt in a built up area during the hours of darkness) and the trial is pending - they then have to determine the severity of the crime and whether you should be excluded. I think I would rather take my chances with the judge than a pencil neck.

Patrick

http://foia.state.gov/masterdocs/09fam/0940021aN.pdf

angeles73

Kate I believe it depends on what the person was arrested for.

For example, you can get arrested for jaywalking (crossing the street without obeying street signs) , or having an open bottle of alcohol without it being in a bag here in Florida (yes folks, it's ilegal) but I doubt INS will care about that.

However, if you are jaywalking with an open bottle of alcohol because you're quickly trying to get away from the liquor store you just held up., I have a feeling INS would have a problem with that.

Ange

sarina

well all the people who replied i also wanna know about the 212 for criminal ground of ineligiblity.. there are exceptions for one crime for which the punishment was not over 6months.. well i m still confused about that and need a little more clarification like they can't deny the visa if one record exsists or a waiver will be granted based on that.. i m suppose to go see a lawyer soon i hope and will get this clarifiied and post it. but if any one know please post any help will be great

katesuiter

In the words of the immortal Shaggy.............."It wasn't me!!" Seriously, I'm a good girl!! I was just wondering, but it helps to know these things. Now.......where's that head stocking??!!! (JOKE!!!!)
Kate. xxxxxx

Patrick

Hi,

You are not ineligible if you come under the sentencing clause so you will get your visa without a waiver. In its most basic terms you are OK if you have been convicted of one crime (one offence not one conviction - if you where convicted of multiple counts it counts as multiple crimes) of which the maximum penalty is less than 2 years in prison AND you where convicted of less than 6 months in prison (the sentencing is irrelevant of any time served - so if you received a sentence of 8 months suspended for 2 years you still received 8 months prison and as such are ineligible)

Remember America is called the land of the second chance.

http://foia.state.gov/masterdocs/09fam/0940021aN.pdf

I will tell you how mine went on Thursday as I have a conviction and am pooping my pants over it.

Patrick

sarina

Patrick thank you for such a good reply. Even though I have got a long time before i process anything i mean my I 130 is being process now for over a year since July 2001. I will definetly keep this up with and post my experiences.

sarina

Hey Patrick how did your interview go...