linda1954

hello.i need some advise.im a 28 year old male.my fiance and 7 week old son are both american citizens.she is in the prosses of sending the I-129f patition. i understand that thay will need to see a crimanl record at some point.thats where i need your advise.i recived the acpo certificate. and i have 9 convictions.all of them while i was a juvanile.there is a couple on there that im really worried about.i had 2 car thefts and 2 burglaries of a non dwelling.the rest are nowhere near a bad as those convictions.as i said im 28,the last time i was i was in trouble with the law was 10 years ago.and the two convictions i stated where 12-13 years ago.im just looking for some advise as to what is likley to happen,or what i should do to make my chances to be with my son and fiance more likley.those two mean the world to me and it would break my heart if somthing i did when i was a kid stoped me being with my loved ones.also i have my mother,two halfbrother and my step dad living out there.any help will be most appriciated.thanks!!!

ian-mstm

You must declare the arrests and convictions. You should contact the courts where the offenses occurred and request court records of the proceedings. If records aren't available, ask for a letter indicating that the records aren't available. The onus is on you to provide "due diligence" in gathering this information.

You don't mention what the other convictions were, but if any of them were drug related, you're facing a serious uphill climb.

You should be prepared to file for either a "waiver of ineligibility" or a "waiver of inadmissability" (I forget which is the relevant one in this case). You won't need the waiver unless the K-1 visa is denied, but it would be good to have it with you at the interview just in case.

Further, I suggest you contact an experienced immigration attorney and discuss your options with that attorney... *and* have the attorney accompany you to the interview (which is allowed). Yes, it'll likely be expensive, but money well spent if you want to secure your future!


Worst case scenario... they move to the UK.

Ian

Bluegrass Lass

Hold on, Ian. Does he really need to go through all that, when all of the convictions occured when he was a juvenile? I thought that nothing that occured before aged 18 could be used to deny a visa (unless the person was tried as an adult)?

Folinskyinla

Hi:

When there is a criminal record, there is often a lot of loophole threading going on. The rules on the criminal grounds of exclusion are so bloody complicated that it is my practice to get all the records, sit down with the books and make a chart.

IOW, I would not even begin to make an analysis on a off-the-top of my head in a situation like yours.

Your concern is legitimate. I have nothing against the "DIY" ethos that permeates this forum and immigration forum -- but there are times when it is downright stupid to DIY. I recommend highly that you take that APCO sheet, and any other court records you can get your hands on and get advice from a US Immigration attorney -- there are several in the UK.

I know that it is not cheap, but this is an area where a failure to pay a legal fee will be "penny wise and pound foolish."

One more point -- in dealing with your past criminal record, it is generally NOT helpful to give what "really" happened or to minimize the convictions. There are some limited circumstances where it would be helpful, but the attorney should ask.

linda1954

hi.my other convictions where drinking related.section 5.drunk and dissordley.i have been told that thay will probalby whant to do a substance abuse test,becuse i have more then 2 drink related convictions.i have a the relavent papers for my convictions.its just that i have read that alot of people on here have been denied becuse of there convictions.i was thinking that becuse thay where all juvanile and that my son is out there that thay might look at it differently than say someone who has been convicted a an adult.also wouldnt me being denided(god willing i am not)would cause extrem hardship on my feiance,becuse she has my child.i know that she could move over here alot easier.but becuse she has her family and mine out there,the support that i know we will need in the early stages of our new life,makes being in the us the best option.does having a child not make one bit of differance where this is concernt??

ian-mstm

They might, yes... and if your physician determines that you abuse alcohol, you may need a waiver for that also.


So, you've been reading up on "hardship waivers" and discovered that the hardship *must* be to the US citizen. If she was deathly ill and you were her primary caregiver, that might be sufficient reason... but sadly, "not being able to live with my fiance/spouse" is not a sufficient reason.


And that would instantly nail the coffin on the hardship waiver. As inconvenient as it might be for her, she could move to the UK.


Not really, no.

Ian

linda1954

yes i was reading abit about the hardship wavier ian,im really clutching at straws! i havent been denied but from everything i have looked at and reserched,it doesnt look that good for me.its just crazy how i could be denied,when i have been going to america for the last 16 years,i mean i even whent to middle school,high school out in florida.even have a social securetey card.and now that i have a child and a feiance i could be told that im not alowed out there.

meauxna

Look, you absolutely need a lawyer to help you. You're imagining that because you have a kid that it makes one whit of difference, or that you were a kid yourself when you did all this.. at least you have been reading sensibly enough to know that you are very likely going to need a waiver or some sort of intervention. They're taking the alcohol thing very seriously in London and Montreal these days so it is not something to play around at. Especially as the stakes seem high for you (you have a high desire to live in the US).

It's not clutching at straws. You are very likely going to need legal help. The only way to find out is to get a legal opinion.
If you have been traveling to the US for 16 years and should not have, you problem just got compounded.

Please don't rely on messages boards to get through your case. Yours is not the typical DIY situation that is easily handled yourself.

linda1954

thanks for the info ian,i had a green card untill i was 21,so i was aloud to tavel freely to the states.i was to young and thought i knew everthing that i did not renew my visa which expierd in 2003.i will seek an attorney,just wanted to find out what i could do befor i spent all that money.thanks again for your opinion and advise

linda1954

and thanks also meauxna!!!

meauxna

Whew, even more complicated!
Good luck to you, take advice in advance this time!

Ray

http://www.usvisalawgroup.com/