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POLICE RECORD PLEASE HELP, DOES THIS STOP ME EVER GETTING TO THE USA TO MY FIANCE?

POLICE RECORD PLEASE HELP, DOES THIS STOP ME EVER GETTING TO THE USA TO MY FIANCE?

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Old Dec 6th 2001, 7:09 pm
  #1  
Yourtiger4u
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I have a record for a minor offence 7 years ago in the UK. My fiance and I are really
upset as we have just found out that they want to see police certificate. Just what
OFFENCES excatly bar you from getting a visa?
 
Old Dec 6th 2001, 7:56 pm
  #2  
Michael Voight
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Yourtiger4u wrote:
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It does help if you post only once and wait for replies...

You say it is minor... Why not say what it is, since that may have an affect on
the reply.
 
Old Dec 7th 2001, 2:38 am
  #3  
Forcefulljack10
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[email protected] (Yourtiger4u)
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U need to tell us what yer misgivng was matey,In the interim,Read this INS
legislation about "Naughty boys and girls"

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who
admits having committed, or who admits committing acts which constitute the
essential elements of-

(ii) a crime involving moral turpitude (other than a purely political offense or an
attempt or conspiracy to commit such a crime), or

(iii) a violation of (or a conspiracy or attempt to violate) any law or regulation of
a State, the United States, or a foreign country relating to a controlled
substance (as defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)), is inadmissible.

(iv) Exception.-Clause (i)(I) shall not apply to an alien who committed only
one crime if-

(v) the crime was committed when the alien was under 18 years of age, and the crime
was committed (and the alien released from any confinement to a prison or
correctional institution imposed for the crime) more than 5 years before the
date of application for a visa or other documentation and the date of
application for admission to the United States, or

(vi) the maximum penalty possible for the crime of which the alien was convicted (or
which the alien admits having committed or of which the acts that the alien
admits having committed constituted the essential elements) did not exceed
imprisonment for one year and, if the alien was convicted of such crime, the
alien was not sentenced to a term of imprisonment in excess of 6 months
(regardless of the extent to which the sentence was ultimately executed).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other
than purely political offenses), regardless of whether the conviction was in a
single trial or whether the offenses arose from a single scheme of misconduct
and regardless of whether the offenses involved moral turpitude, for which the
aggregate sentences to confinement 2/ were 5 years or more is inadmissible.

A "CMT" (crime of moral turpitude) is,in general a "base,vile and in general horrible
crime,rape,murder,battery of an pensioner etc etc(sleeping with me wife - yuk -
Beware as receiving stolen goods is listed as a CMT.If yer crime is a CMT,Expect a
hard time.

Goto "http://www.criminalandimmigrationlaw.com/cmt/cmt.html" to read about CMT's

Good luck. FJ10.

Ice cream anyone?
 
Old Dec 7th 2001, 4:15 am
  #4  
James Donovan
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[email protected] (Yourtiger4u)
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If you are a criminal we do not want you in the USA.

However a few speeding tickets don't make you one.

Catch my drift?
 
Old Dec 7th 2001, 11:20 am
  #5  
Jadm
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Yum ill take butter rum please *grin
 
Old Dec 7th 2001, 11:20 am
  #6  
Kevin Kendrick
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[usenetquote2]>> I have a record for a minor offence 7 years ago in the UK. My fiance and I are[/usenetquote2]
[usenetquote2]>> really upset as we have just found out that they want to see police certificate.[/usenetquote2]
[usenetquote2]>> Just what OFFENCES excatly bar you from getting a visa?[/usenetquote2]

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What constitutes "criminal" though?

Many in the uk -and I daresay other countries too - have been arrested once in their
lives, released on police bail but never been charged with anything and so there's no
conviction, no court appearance or anything like that. But the arrest stays on
record, doesn't it? Does one arrest on your record eight years ago count as being an
undesirable as far as the American authorities are concerned?

Yes, I'm considering the K1 route in March next year and have been reading the group
for a couple of months now trying to take it all in. But am really losing sleep over
being arrested that one time. A buisness partner had said that I hadn't returned
money owing to him. But I had the bank books and full records of *all* the internal
transactions which took place directly to his personal bank account from the business
bank account showing clearly that he *had* been paid what he was owed to date. In
fact... more than he was due. I gave the police the bank records and I was released
on police bail. It went to the Crown Prosecution Service and no action was taken. I
lost sleep at the time, even though I knew I'd supplied proof that what I was accused
of was wrong and that I hadn't committed any crime. It never went to court, and I
have no convictions whatsoever - not even a speeding ticket. It didn't stop the worry
then, and the worry is all being brought back now that I'm in love with an American
woman and want to marry her. And though I'm trying hard to hide how it's bothering
me, it really is spoiling things for me.

She says that I'm worrying over nothing, but I am absolutely terrified of it spoiling
something we both want so very much.

And we read Doc Steen's site often and would just like to say that we've found it to
be very, very informative. Thanks.

-KevK
 
Old Dec 7th 2001, 11:58 am
  #7  
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Richard1972 is an unknown quantity at this point
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Im sure you will be fine!
Richard1972 is offline  
Old Dec 9th 2001, 12:42 pm
  #8  
Mark Gerrard
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Hi All,

I too was worried about an arrest 10 years ago, but the subject access request form
only asks for your address for the last 5 years.

If you've changed address in that time, don't worry about it!

regards,

mark Gerrard

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"Kevin Kendrick" <[email protected]>
[usenetquote2]> >> I have a record for a minor offence 7 years ago in the UK. My fiance[/usenetquote2]
and I are
[usenetquote2]> >> really upset as we have just found out that they want to see police certificate.[/usenetquote2]
[usenetquote2]> >> Just what OFFENCES excatly bar you from getting a visa?[/usenetquote2]
    >
[usenetquote2]> >If you are a criminal we do not want you in the USA.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >However a few speeding tickets don't make you one.[/usenetquote2]
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once in
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and so
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arrest
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undesirable as
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the
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losing
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I
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records of
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bank
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paid
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police the
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Prosecution
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knew
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and the
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woman and
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me, it
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it
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found
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Old Dec 9th 2001, 2:50 pm
  #9  
Kevin Kendrick
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Posts: n/a
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I thought the K1 requires the police records for every address you've lived at since
being sixteen years of age. I've only ever been arrested that once in 1994, but it's
been worrying me sick. I think what's making me feel worse is knowing that they may
refuse my K1 application when I hadn't done anything and the matter once investigated
properly was dropped.

Perhaps Alvena may have some comfort to offer here...?

I'm sorry, but I'm blank on the "subject access form" you mention. Can you shed some
light on what you mean...? I'm in the uk. Were you...?

Thanks Mark.

-KevK
 
Old Dec 10th 2001, 1:57 am
  #10  
Onigiri
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Posts: n/a
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[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >Hi All,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >I too was worried about an arrest 10 years ago, but the subject access request[/usenetquote2]
[usenetquote2]> >form only asks for your address for the last 5 years.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >If you've changed address in that time, don't worry about it![/usenetquote2]
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lived at
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So says the instructions to the form you will fill out for the US consulate. However,
the poster Mark may be talking about a form you fill out for the local police to
access their records.

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is
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and
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Arrest is not a problem. If you are in the UK waiting for a K-1, you will have to get
a police certificate and the US is only interested in convictions, fines, jail terms
etc.. Not arrests and acquittals.

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Go to doc steen site and see what Ms. Alvena has for you. All of her posts have the
site URL at the tail end.
 
Old Dec 10th 2001, 1:35 pm
  #11  
Kevin Kendrick
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says...

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Thanks. It's a worry, but I get the feeling that if I wasn't worried about that, I'd
only focus worry on some other aspect of the K1. There seems to be many posts from
other couples worrying about being denied what they want so much.

[usenetquote2]>> Perhaps Alvena may have some comfort to offer here...?[/usenetquote2]
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I've been to Doc Stein's site a few times, and it's very informative. I've been on
every page he's got up there. I stillI go there... take a bit in... and then go back
to digest some more. It would have been nice to read more about the police clearance
procedure. Just to read that arrests are not what they're scrutinising, but actual
court appearances and convictions following such are what is frowned upon. I'm sure
there are many who worry about the police record part of the visa applications.

Thanks for your time.

-KevK
 

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