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My Fiancè in the USA has a criminal record

My Fiancè in the USA has a criminal record

Old Oct 10th 2018, 10:35 am
  #16  
 
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Default Re: My Fiancè in the USA has a criminal record

Originally Posted by Twinkle0927
My husband has a felony (theft,3 years served in state prison in California in the 1990s). I have successfully immigrated here. I was questioned about it during my interview at the London embassy insofar as the interviewer wanted to be sure that I was aware of the facts and the impact it could have on my life here. It follows us everywhere, unfortunately. We were turned down for an apartment because they ran a background check but ironically my husband now works for the company that does the landscaping at that same apartment complex.

He also can never visit the U.K. Anyone what has been sentenced to 30 months or more in prison (note it’s sentenced, even though he may have actually served less due to good time accrual) is permanently inadmissible. Regardless of whether they are married to a British citizen or not. Even as a visitor.

You say he has done jail time. So he only spent time in county jail and never went to prison? That’s promising for his chances of going to the U.K. if he only went to jail he was obviously sentenced to less than a year. The number of convictions also counts and if drugs were involved it’s a whole new ball game and a whole new set of rules.

It won’t prevent you from immigrating here unless you were involved in the crimes or he committed crimes that fall under the Adam Walsh act but be prepared for the interviewer at the embassy almost questioning your sanity! I took a copy of my husbabd’s J&S with me to the interview and I had signed the top right of each page to show I’d read it and was fully aware of the contents.
It’s actually a sentence of four years or more which would make your husband permanently inadmissible as a visitor. If your husband was sentenced to only three years then sufficient time has passed to allow him to now visit the UK.
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Old Oct 10th 2018, 10:45 am
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Default Re: My Fiancè in the USA has a criminal record

Originally Posted by BritInParis
It’s actually a sentence of four years or more which would make your husband permanently inadmissible as a visitor. If your husband was sentenced to only three years then sufficient time has passed to allow him to now visit the UK.

He was sentenced to 5 but served three. I didn’t say he was sentenced to 3. We applied and he was denied and we were told to not even bother applying ever again unless the law changes. Of course if he had an EU passport of some kind then he would be able to enter even if he’d committed murder.
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Old Oct 10th 2018, 11:59 am
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Default Re: My Fiancè in the USA has a criminal record

Originally Posted by Twinkle0927
He was sentenced to 5 but served three. I didn’t say he was sentenced to 3. We applied and he was denied and we were told to not even bother applying ever again unless the law changes. Of course if he had an EU passport of some kind then he would be able to enter even if he’d committed murder.
You didn’t but you did say that a sentence of 30 months or more makes you permanently inadmissible which is not correct.
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Old Oct 10th 2018, 1:23 pm
  #19  
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Default Re: My Fiancè in the USA has a criminal record

The IMBRA is found here on the state departments consulate website. https://travel.state.gov/content/tra...ces/imbra.html

Thank you, Tom, for naming the act which I alluded to but failed to name. Much appreciate having someone younger and brighter to clear my cobwebs.

Here is the information on the Adam Walsh Act from the USCIS site. It became law in 2006.

https://www.uscis.gov/sites/default/...hact020807.pdf

Last edited by Rete; Oct 10th 2018 at 1:26 pm.
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Old Oct 10th 2018, 1:40 pm
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Default Re: My Fiancè in the USA has a criminal record

Originally Posted by BritInParis
You didn’t but you did say that a sentence of 30 months or more makes you permanently inadmissible which is not correct.
Goodness my huge apologies for not being up-to-date with recent changes on U.K. immigration. It was previously 30 months. Not that this was even the OP’s question.... and there were other inaccuracies in this thread but hey ho
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Old Oct 10th 2018, 1:45 pm
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Default Re: My Fiancè in the USA has a criminal record

Originally Posted by Twinkle0927
Goodness my huge apologies for not being up-to-date with recent changes on U.K. immigration. It was previously 30 months. Not that this was even the OP’s question.... and there were other inaccuracies in this thread but hey ho
Apology accepted.
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