Need some advice
May 7th 2004, 9:47 pm
#1
Guest
Posts: n/a
Need some advice
Hi
First of all I'd like to say hi to everyon on here. Ive been reading this forum now for the last few days and it seems in the main a great place to exchange views etc. So i thought I'd post asking for advice if anyone can help.
Background: My wife and I are attempting to emmigrate to the USA. She is a nurse and we are giong through one of the agencies. Just yesterday her I140 was approved after a 15 month wait. However, when I was 21 (14 years ago) I had a minor run in with the law following a naive and stupid error which ended in my recieving a caution for cheque fraud for a very small amount. As i was cautioned it never went to court and never became a conviction. I have never been in any trouble since, I have a completely clean police record and am now infact a police officer. Due to my basic honesty I put this information down on the immigration forms as I felt it best to be completely upfront. Now, however someone has told me that this may make me inadmissiable to the USA and hence scupper our imigration chances. Can anybody clarify whether this is so?
Many thanks In advance.
First of all I'd like to say hi to everyon on here. Ive been reading this forum now for the last few days and it seems in the main a great place to exchange views etc. So i thought I'd post asking for advice if anyone can help.
Background: My wife and I are attempting to emmigrate to the USA. She is a nurse and we are giong through one of the agencies. Just yesterday her I140 was approved after a 15 month wait. However, when I was 21 (14 years ago) I had a minor run in with the law following a naive and stupid error which ended in my recieving a caution for cheque fraud for a very small amount. As i was cautioned it never went to court and never became a conviction. I have never been in any trouble since, I have a completely clean police record and am now infact a police officer. Due to my basic honesty I put this information down on the immigration forms as I felt it best to be completely upfront. Now, however someone has told me that this may make me inadmissiable to the USA and hence scupper our imigration chances. Can anybody clarify whether this is so?
Many thanks In advance.
May 8th 2004, 1:54 am
#2
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Need some advice
Originally posted by delphiman
Hi
First of all I'd like to say hi to everyon on here. Ive been reading this forum now for the last few days and it seems in the main a great place to exchange views etc. So i thought I'd post asking for advice if anyone can help.
Background: My wife and I are attempting to emmigrate to the USA. She is a nurse and we are giong through one of the agencies. Just yesterday her I140 was approved after a 15 month wait. However, when I was 21 (14 years ago) I had a minor run in with the law following a naive and stupid error which ended in my recieving a caution for cheque fraud for a very small amount. As i was cautioned it never went to court and never became a conviction. I have never been in any trouble since, I have a completely clean police record and am now infact a police officer. Due to my basic honesty I put this information down on the immigration forms as I felt it best to be completely upfront. Now, however someone has told me that this may make me inadmissiable to the USA and hence scupper our imigration chances. Can anybody clarify whether this is so?
Many thanks In advance.
Hi
First of all I'd like to say hi to everyon on here. Ive been reading this forum now for the last few days and it seems in the main a great place to exchange views etc. So i thought I'd post asking for advice if anyone can help.
Background: My wife and I are attempting to emmigrate to the USA. She is a nurse and we are giong through one of the agencies. Just yesterday her I140 was approved after a 15 month wait. However, when I was 21 (14 years ago) I had a minor run in with the law following a naive and stupid error which ended in my recieving a caution for cheque fraud for a very small amount. As i was cautioned it never went to court and never became a conviction. I have never been in any trouble since, I have a completely clean police record and am now infact a police officer. Due to my basic honesty I put this information down on the immigration forms as I felt it best to be completely upfront. Now, however someone has told me that this may make me inadmissiable to the USA and hence scupper our imigration chances. Can anybody clarify whether this is so?
Many thanks In advance.
If that is the only legal problem you've had, I don't think it will keep you out. It is good to disclose it though. I'd maintain that it was a mistake with the check, and that there was no criminal intent as you described.
Even if you were convicted of a single shoplifting or minor check fraud and it was handled summarily (misdemeanor), that wouldn't keep you out of the US.
May 8th 2004, 11:31 pm
#3
Guest
Posts: n/a
Re: Need some advice
Originally posted by crg14624
There is a single petty offense exception to that ground of inadmissibility. You would need to have been convicted, or to admit to the essential elements of this crime. Also, the crime would need to be serious enough to have a potential maximum sentence of more than one year in jail.
If that is the only legal problem you've had, I don't think it will keep you out. It is good to disclose it though. I'd maintain that it was a mistake with the check, and that there was no criminal intent as you described.
Even if you were convicted of a single shoplifting or minor check fraud and it was handled summarily (misdemeanor), that wouldn't keep you out of the US.
There is a single petty offense exception to that ground of inadmissibility. You would need to have been convicted, or to admit to the essential elements of this crime. Also, the crime would need to be serious enough to have a potential maximum sentence of more than one year in jail.
If that is the only legal problem you've had, I don't think it will keep you out. It is good to disclose it though. I'd maintain that it was a mistake with the check, and that there was no criminal intent as you described.
Even if you were convicted of a single shoplifting or minor check fraud and it was handled summarily (misdemeanor), that wouldn't keep you out of the US.
Heres hoping.
