paul1963

Well I knew that before I came on here, the reason I did was just to see if anybody had had any similar experiences in the passed whilst applying having had a similar sized criminal record when doing so.

As much as I try I just can't seem to nail down a website or forum that is exclusively there to give out advice based on what others have encountered whilst at the embassy, you just can't find anywhere that offers first hand glimpses into what to expect and what the eventuality might be based on peoples real life interviews.

meauxna

I have been participating in this forum for years now and I don't recall seeing a case like yours posted before. Sometimes, that is just the way it is because all these cases are actually very individualized.
Based on the complications you are looking at, and the reassurance you want, and so that you are properly prepared to go to interview, you might consider a consultation or two with a US immigration attorney who can help you sort out what is important, what you want to emphasize etc.

Free advice in your case is going to be worth about what you pay for it. People here gave you their best estimation in your last thread, IMO.

paul1963

This is the complicated bit which I have trouble getting my head around. As far as the burglary goes basically it was a case of the court saying yes you did it but we can understand why just pay the money back and £60 court costs and we'll put it to bed. No other punishment yet what you are saying is because I was found guilty of it whether it includes prison or not which it didn't, America decides for you that in their eyes it is a prisonable offence so I am kind of being sentenced as I would have been for committing the same crime in America which you say is 7 years!! Is that right?

Can you explain this paragraph to me in the Kings English please,

Question B on the ESTA it talks about having been arrested/convicted of cimt You have Burglary and Theft which may or may not be CIMT. or convictions for 2 or more offences for which the total aggregate sentence was 5 years or more.

No offence I know it is not your grammar I am aware that this is how it's written on the ESTA form but I just can't understand it. I have not been sentenced to prison so why does the aggregate of 5years apply to me.

bowenaj37

The aggregate sentence speaks to the maximum sentence available by law for the offences not how long you were sentenced to and in your case and Burglary is a maximum of 10 or 14 years in jail according to Wiki. I didn't look at theft, and that is under English law. If the sentences are under American law then am not sure what the numbers would be but your are looking at being over the 5 years from either end. An immigration lawyer will be able to advise you am sure people on here can recommend a good one.

paul1963

So as I say a court of law can award no penalty other than to order me to pay the £440 back, which is clearly a result of the mitigation involved, then as a result I am giving the liberty to walk out of the doors to get on with my life, decide to book a holiday to America but then their customs people say "hold on we want a say in this as a British court verdict means nothing to us we are above the law and therefore in our eyes you are guilty and must serve a fictional term of 14 years which totally bans you from entering our country despite the fact that your crime never happened here and doesn't affect us.

Basically this is what you are saying on behalf of the US immigration isn't it?

meauxna

If you were convicted, you ARE guilty. That's what a conviction IS.

Get a lawyer to evaluate your case. Seriously, this discussion is going to go pretty much nowhere, FYI.

paul1963

I understand that meauxna but if an English court of law see's no reason to sentence me to anything other than compensation, what right have US customs got to refuse me entry based on what the maximum sentence would have been for the same crime over there.

bowenaj37

Hold on a minute Mexauna. This two offences thing also raises the possibility that these other unstated offences from prior to the 2002 visit to the U.S, the first 9 might equal out to the 2 offences 5 years jail situation which would mean he could be in trouble for lying on the VWP after all on top of the current burglary theft issues? Or am I on completely the wrong track with that thought?

meauxna

It's not US Customs refusing you.
The US can admit/refuse anyone they want to on any criteria they set. You have no right to enter the US, ever.

Substitute "Banana Republic court" for "English court" and you might start to see why the US does not make its decisions on how foreign governments define crimes, but rely on their own definitions.

I am not going to discuss this, or any other immigration case/example with you.

Sally Redux

You can't even get her name right.

bowenaj37

Come on Mexauna am only trying to help the guy out. And stop putting your American values on English people we are different people with different values haven't you learned that by now?

srefre

Surely when it comes to entering America, the only values that matter are American ones?

In the same way that when I apply for a job, it doesn't matter if my mates think I am a great guy if the interviewer does not.

bowenaj37

Would your mates think you were a great guy if you went to court against one of them after he put someone in hospital. None of my american bird's mates would have a problem with her. One of the guys at work his brother got done drunk driving quid pro quo he is walking home from the pub sees a neighbour's car in a field and she is passed out sick on herself. He gets in drives her home the short distance cops come he gets done for drunk driving and the neighbour wouldn't go to court for him he was just trying to help his neighbour out. They wanted to file charges for stealing the car. It puts you off helping people doesn't it? But like I said different values in this country.

srefre

The moral of the story is the only values that matter though are those of the party who has what you want\need.

Just like you thought your colleague was being a good guy, the law did not, it doesn't matter whether you agree with American values or not.
If you want to Enter America those are the values which are appropriate.

bowenaj37

I agree entirely but like I said different strokes for different folks.