JulyanaG

Hey

The title says it all, honestly. I am in a tricky situation, and I figured I would get some information from others who may understand or been through it before.

I left the UK on a WVP in the summer of 2014 to visit my friend whom I had become romantically involved in but I had no intention of remaining. She was going through a divorce from her abusive husband who almost killed her and her daughter. By the time it was time to leave, she was in no place for me to comfortably go and she needed my help. I decided to stay, still with no malintent outside of an overstay and her proposing during my valid WVP time. I accepted, with the belief that her divorce would come in any day now.

The divorce took 2 and a half years, finalizing in the winter of 2016. We got married a day later.

As I was now very much overstaying in the US, I remained to take care of the family I had built in the previous 2 years. I have my ITIN, but that's about it.

We want to apply for an adjustment of status in 2019, especially after she gets a job that would prove she could support us all. She has been working since 2016 in a very well paying job, but left in the summer of 2018 and has been working low-level jobs since then. She is about to go back into her field, but there is a period of time where she may not qualify as a sponsor.

Also, with the adjustment application, I received a final warning in the UK for theft 15-16 years ago. I will be contacting an attorney due to this and my overstay to ensure the best result either way, but I wanted to know if anyone has gotten anywhere with the statute of limitations running out on things that are 15 years or older as mine is? I heard it applies to us immigration law as well? Also, as it was a final warning for a non aggravated felony (theft would need to carry a 1 year+ in jail, this is a warning/higher level caution) nor a crime of moral turpitude, should I not worry?

Noorah101

You should be fine getting through the AOS.

You will have to declare the arrest. There is no statue of limitations on that. Get all the police reports and court records (whatever exists) in hand. You don't need to do an ACRO because USCIS will run its own checks.

Rene

civilservant

You heard wrong.

Despite your pattern of not thinking the rules apply to you, you should be fine to AOS. I would retain the attorney for the duration of your AOS since I am not sure what a 'final warning' actually equates too. Since you will need an ACRO report for your AOS anyway. I guess you will see if your previous criminality is recorded on the system.

Spouse will need to be making the appropriate amount to sponsor you for your family size.

Is that correct? If so, I didn't know that. You learn something new every day

Depends on what actually happened. Where you cautioned for theft? If so, then it is absolutely a CIMT.

tom169

Lawyer up and don't delay. Is there anyone else that can be a joint sponsor? Friend, family, whoever is a US citizen or LPR. The reason I say this is because as soon as you go pending AOS your status is protected until it is adjudicated.

JulyanaG

I was 15 at the time of my final warning, I should have mentioned that I've been told it wont be so bad due to this, as I was considered a minor under us law and they dont view it in the same light but the ultimate decision is upto immigration. A final warning is given at a police station like a caution, but you dont have the right to refuse it. I never went to court, I never saw a judge, I was not sentenced. It is comparable to a caution.

I'll go for the aos and obtain a lawyer as soon as I can in the new year. I have others that could perhaps sponsor me, so theres ways around that.

Rete

So you entered the US under the VWP in 2014 with this 'caution' on your record and I'm assuming you didn't check it as an arrest on the ESTA or on the slip given you on the aircraft before landing? Yes, you were a minor at the time, but others will confirm or refute that this should have been reported on the ESTA.

Have you worked at all in the US since you have been here? Obtained a driver's license, or any other benefit, which might have you listed as a US Citizen? Same sex marriages are fine for immigration purposes so that at least is no longer an issue.

JulyanaG

I actually did for my VWP and I was never questioned nor pulled aside due to it. If it pops up as an issue I do not know what to say. I was also never given the slip on the plane, which has been a source of confusion for other attorneys I've spoken with. I flew into JFK and was processed through there, not once was I asked for any thing more than biometrics and intention. I havent hidden a thing this entire time.

Also never claimed anything nor worked nor obtained a driver's license. My wife has claimed EBT for her and her daughter. I have my ITIN at the request of her tax professional only.

Noorah101

My understanding is that a caution is viewed as an arrest in the USA. It's always best to declare any run ins with the law and let USCIS be the ones to say it doesn't count.

Good thing you are using a lawyer.

Rene

JulyanaG

Here is the explanation of a final warning, for those unsure.

Final warnings were introduced to encourage young people to take responsibility for their criminal actions and to try to prevent them from committing further offences. Final warnings have replaced the old system of police cautions for young people. Final warnings aim to: prevent young people re-offending by ensuring that the young person is made aware of the consequences and impact of their criminal activityallow the offender to take into account the wishes and feelings of the victims of their crimesfind out the circumstances for the offence and take steps to address the factors that might encourage a young person to re-offend If a child or young person is to be given a final warning, the police will bail them and they will be seen by the youth offending team. One of the team's police officers will also contact the child’s parents to arrange an interview to plan any voluntary action that can be taken to help ensure the child abides by the law in the future. In most cases, the team will decide what type of intervention the child needs to stop them committing any more crimes. This is the child or young person’s last chance to prevent an appearance in the youth court, and the team will support the parents and the child as much as possible.

Noorah101

Thanks. You should still declare it on any form that asks for such information.

Rene

JulyanaG

I for sure will be, or atleast I will leave that to the attorney I've chosen.

I did some research and found that a final warning isnt a conviction like a caution I dont have a criminal record, but I do have a police record. Does anyone know what this means for me with ACRO?

Winston_the_Great_Dane

Simple advice is to get a copy of your ACRO and see what it says (mine took 14 days on the snail service); it will be either No Live Trace or No Trace - if it's the latter, great, if it's the former, then that indicates something on your record which will require further explanation.

Be 100% truthful at interview and when completing forms.

Good luck