Scorpiochik

Hi everyone,

I am trying to find out the procedure that i need to go through for a holiday to america.

The only thing I know about is having to get an apco police certificate or something and I'm just wondering what exactly will show on this?

Also I read somewhere that if you have been sentenced to longer than 6 months in prison then you won't be allowed entry even if you do everything correctly with applying. Is this true? and does this mean for life also?

I am so confused with everything, I dont even know where to begin with it all and really want to make sure I get everything right

If anyone has ideas that would be great! thanks......

scrubbedexpat099

That would depend what the record was for.

Scorpiochik

I have 4 actual convictions. but 2 of those where juvenile ones. I'm sure I was told they would be spent after 5 years and its been longer than that now.

The one that resulted in a custodial was witness intimidation and I also have an offensive weapons conviction. All of which happened in my teens but the last 2 are adult ones as they happened at 18/19.

I am 23 now so its been a few years since with no arrests in that time.

Also would you have to tell them about cautions or things that have resulted in fines?

Duncan Roberts

You probably want to talk to an immigration lawyer as it seems like you will need a visa which may be tough to get, witness intimidation and offensive weapons convictions are never a good thing plus it sounds like you have cautions as well which further complicate things. If you try to do it on your own you will probably end up really screwing yourself. I wouldn't plan any trip to the US until you have a visa in your passport.

ian-mstm

Spent for UK purposes, yes... still on your record and problematic for US immigration purposes. You will need an ACPO certificate and also copies of the police and court records. The punishment you received in the UK will only be part of the issue... as US immigration bases its decision on the maximum penalty you could have received. So, if you were in prison for 3 months, but you could have received a 2-year sentence, it's the 2-years that's going to be considered.


No offense, but this is serious shit. As Duncan suggests, you'll want to talk to an experienced US immigration attorney (there are many who practice in the UK) with specific experience with multiple offenses. This is not a DIY project.


It might make a difference if 15 years have passed, but 5 or so years... not likely.


While a caution isn't treated as a conviction for US immigration purposes, it is still an admission of guilt to the offense. As I said, this is serious!

Ian

scrubbedexpat099

I would be very surprised if you do not need a waiver as well as a Visa.

US does not have spent convictions, the juvenile convictions may or may not be an issue, you have plenty of others that need legal comment.

How much do you want to go to the US, seems a lot of hassle and expense without a really good reason.

Scorpiochik

My boyfriends family live over there and he visits a few times a year and he is really eager for me to get it sorted so I could go over with him. I would just like to try at least.

Duncan Roberts

You can certainly try but you should be prepared to drop a few thousand pounds to do so with no guarantee of getting anything out of it in the end.

jaxslad

I would'nt even try and contact the us embassey in London, cas i bet they would give you a straight up NO at this time..

Like o,p have said contact a immigration lawyer and not just any immigration lawyer a lawyer who deals with such applicants such as yours.
I would'nt hold my breath tho on getting positive news...like ian said that's some serious charges you have there, something even the us won't forgive.

sorry i couldnt give you better news, just being honest like everyone else.

Scorpiochik

I'm suprised it goes off the maximum sentence you could receive, I thought it would go off what you actually got sentenced to.
Would I need court records and such if I got an APCO certificate. or does the certificate only show the convictions and not the sentences?

Also would the APCO show every single arrest even things very small?

I may end up trying to get some legal advice but I really do want to try with it even if i get told I cant go or try again in so many years or something.
I was hoping that with being able to prove I am in a steady contracted job and family here that it would satisfy them that I would actually come back and not outstay the visa

scrubbedexpat099

The main issue is your criminal history, non immigrant intent is secondary at this stage.

I would expect with the history you are not eligible to obtain a visa, you will likely be given a chance to apply for a waiver of your inadmissibility due to your criminal past.

The Consulate will require full details of your past, and for you to provide that you will need your court records.

It will not be easy, it will not be cheap, it may not be successful.

airways

The APCO certificate contains every offence that you have been convicted off that has not been stepped down. Offences that are consider spent after 5 years will appear on the certificate until such time as they have been stepped down. The crimes you have listed are crimes that are split across all three categories and as such the step down time is between 15 years and never. It should also be noted that a crime is only stepped down when no further offences have been committed within the step down period. If you offend again the step down is reset and starts again.

Some of the crimes you have listed or on the CIMT list and as such makes you automatically barred from the USA. Therefore you will need to seek a waiver of ineligibility in order to be able to secure a visa.

In order to be able to secure a waiver you need to be able to demonstrate that you are rehabilitated and as it is such a short time since your last offence you are going to have your work cut out for you. You will need to get several credible character references who are prepared to state that you are a born again angel as well as work references etc.

You really do need to speak to an attorney on this who is a specialist in seeking wavers. The majority of the people who can help are in the city. Expect to pay around £5k to get the waver prepared and the visa application submitted. You will not be able to do it on your own.

Sometimes the sins of our past come back to haunt us. Yours are now I am afraid.

meauxna

Well color you surprised then, these posters are not just making up answers to you.

At this point, it doesn't matter what the ACPO report shows or does not show, that question indicates you want to see what you can get away with reporting. Lying to gain an immigration benefit may bar you from the US permanently.

You will need the court records for your consultation with an immigration attorney. Search this forum for 'MOC' or 'Memorandum of Conviction'.

It's going to be a significant investment of time, money and energy for you to holiday in the US.

Duncan Roberts

I wouldn't do that if I were you. You may end up not being able to go to the US for your entire life.

jaxslad

I agree

They gave john Lennon a hard time for smoking a joint yrs ago before he came to the usa...so if he had a hard time..what hope have you got?

Me personally thinks...there's more chance of the tali ban soccer team playing against the whitehouse united..before they give you a visa at this stage.

Sorry being honest...ask ya buddy to come to the uk and save ya dosh.