B2 Visa - Conviction
Feb 20th 2013, 2:01 pm
#16
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Re: B2 Visa - Conviction
Thanks for all the feedback.
and just to add her conviction sentence is stated on the ACPO as
Disposal - imprisonment 6 months wholly, suspended for 2 years
Compensation £500.00
and just to add her conviction sentence is stated on the ACPO as
Disposal - imprisonment 6 months wholly, suspended for 2 years
Compensation £500.00
Feb 20th 2013, 3:14 pm
#17
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Location: UK
Posts: 4,891
Re: B2 Visa - Conviction
when you concider that the maximum sentence is 7 years for theft (6 months at a Magistrates at the time of her offence), many people do indeed obatin a visa with theft as a conviction , the interviewing officer will have the power to decide if the offence is petty and issue a visa, like in my case and like in many others
Its not the same as a conviction for drugs which is a CIMT, the interviewing officer will not issue a visa for anything drug related , if the OP's mum's offences was 21 years ago like they state and have not been in trouble since then the conviction will most likley have been stepped down and will show as no trace on a ACPO check, a futher subject access request will also come back blank as well as a memorandum of conviction, if that was the case then they would almost certainly be ok to obtain a visa
From the people that i have spoken to that have been through the process of obtaining a visa and from the many many posts i have read regarding this then theft is one of the most common reasons for obtaining a b2 visa, many people have applied and been given a 10 year visa with theft as a conviction
Any chance you could link to these posts you've been reading?
Feb 20th 2013, 4:01 pm
#18
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Re: B2 Visa - Conviction
right firstly i cant be bothered to get into a petty disagreement with you , i dont have the time which you clearly have and i cant be doing with people like you that hi-jack peoples threads thinking you are always right and have to give your 2 pence worth on every single matter, its just sad, i replyed to this thread to give the op some advice on the information that you gave them, that doesnt mean i want to argue with you and see who can piss the highest!!!
i will reply to this post only one more time and will then never bother again giving any advice again as people like you just are realy realy ignoring (no doubt you will have a lengthy come back to that!!)
No you recall wrong that was for another offence on my ACPO which was for robbery which i was found not guilty on, i was convicted for burglary and theft as well as 2 other offences and i was given a 10 year visa so i am speaking from experience and not from opinion
if you have a caution for anything drug related even if very minor you will not be given a visa but will require a waiver, this is not the same for theft, many many people are given a visa for theft with cautions and with sentences (like i was) so they are both classed as a CIMT yes but are not treated the same so hence why i pointed out that you were infact wrong
neither of us knew what was or wasnt on the ACPO at the time of posting, as it turns out with the information now given i would say she is infact is unlikley to be given a visa with that , but both of us were speculating
and RE:"NO TRACE" but "NO LIVE TRACE".
Realy? and you so petty that you need to point out the fact that "live" was missing? you point being exactly? that is just sad
as already stated above you can be given a visa with a caution and a sentence for theft , i and many others have , the same cant be said for drugs so even though both are CIMT they are not the same
If i could be bothered then yes i could but i cant and so i wont , it would make me just as sad as you , a quick search on tripadvisor backed up with countless personal message would prove my inocent but why should i prove anything to you? you are not even gaining anything from the information given on these boards, you just seem to hang around nit picking peoples threads, which is just sad
The end!!
Good luck for your mum OP
i will reply to this post only one more time and will then never bother again giving any advice again as people like you just are realy realy ignoring (no doubt you will have a lengthy come back to that!!)
As I recall, and looking back at your previous posts seems to confirm this, there was some doubt as to whether or not you'd actually been convicted or not. So your case doesn't appear to be as clear cut as you're making it seem; and furthermore, it almost certainly has no relevance to the OP's mum's situation either.
The conoff can only decide on the basis of the law, although the occasional mistake might happen. They have to decide whether the offence is CIMT. And if it is, does it fall under one of the exceptions. If they establish that the offence is CIMT and does not qualify for relief under the limited exceptions, then that person is ineligible for a visa.
Firstly, had the offences been stepped down, the OP's mum's ACPO would not show "NO TRACE" but "NO LIVE TRACE". However I believe the most recent post from the OP confirms that this isn't the case, which blows a big hole in your theory. And as far as the rest of this paragraph is concerned, you appear to be speculating wildly with no basis for any of those claims.
and RE:"NO TRACE" but "NO LIVE TRACE".
Realy? and you so petty that you need to point out the fact that "live" was missing? you point being exactly? that is just sad
And how many of those cases were merely cautions rather than convictions? Or how many were judged to qualify for one of the exceptions? Or how many weren't considered to be CIMT after all?
Any chance you could link to these posts you've been reading
The end!!
Good luck for your mum OP
Last edited by evil-homer; Feb 20th 2013 at 4:04 pm.
Feb 20th 2013, 4:49 pm
#19
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Joined: Feb 2013
Posts: 5
Re: B2 Visa - Conviction
right firstly i cant be bothered to get into a petty disagreement with you , i dont have the time which you clearly have and i cant be doing with people like you that hi-jack peoples threads thinking you are always right and have to give your 2 pence worth on every single matter, its just sad, i replyed to this thread to give the op some advice on the information that you gave them, that doesnt mean i want to argue with you and see who can piss the highest!!!
i will reply to this post only one more time and will then never bother again giving any advice again as people like you just are realy realy ignoring (no doubt you will have a lengthy come back to that!!)
No you recall wrong that was for another offence on my ACPO which was for robbery which i was found not guilty on, i was convicted for burglary and theft as well as 2 other offences and i was given a 10 year visa so i am speaking from experience and not from opinion
if you have a caution for anything drug related even if very minor you will not be given a visa but will require a waiver, this is not the same for theft, many many people are given a visa for theft with cautions and with sentences (like i was) so they are both classed as a CIMT yes but are not treated the same so hence why i pointed out that you were infact wrong
neither of us knew what was or wasnt on the ACPO at the time of posting, as it turns out with the information now given i would say she is infact is unlikley to be given a visa with that , but both of us were speculating
and RE:"NO TRACE" but "NO LIVE TRACE".
Realy? and you so petty that you need to point out the fact that "live" was missing? you point being exactly? that is just sad
as already stated above you can be given a visa with a caution and a sentence for theft , i and many others have , the same cant be said for drugs so even though both are CIMT they are not the same
If i could be bothered then yes i could but i cant and so i wont , it would make me just as sad as you , a quick search on tripadvisor backed up with countless personal message would prove my inocent but why should i prove anything to you? you are not even gaining anything from the information given on these boards, you just seem to hang around nit picking peoples threads, which is just sad
The end!!
Good luck for your mum OP
i will reply to this post only one more time and will then never bother again giving any advice again as people like you just are realy realy ignoring (no doubt you will have a lengthy come back to that!!)
No you recall wrong that was for another offence on my ACPO which was for robbery which i was found not guilty on, i was convicted for burglary and theft as well as 2 other offences and i was given a 10 year visa so i am speaking from experience and not from opinion
if you have a caution for anything drug related even if very minor you will not be given a visa but will require a waiver, this is not the same for theft, many many people are given a visa for theft with cautions and with sentences (like i was) so they are both classed as a CIMT yes but are not treated the same so hence why i pointed out that you were infact wrong
neither of us knew what was or wasnt on the ACPO at the time of posting, as it turns out with the information now given i would say she is infact is unlikley to be given a visa with that , but both of us were speculating
and RE:"NO TRACE" but "NO LIVE TRACE".
Realy? and you so petty that you need to point out the fact that "live" was missing? you point being exactly? that is just sad
as already stated above you can be given a visa with a caution and a sentence for theft , i and many others have , the same cant be said for drugs so even though both are CIMT they are not the same
If i could be bothered then yes i could but i cant and so i wont , it would make me just as sad as you , a quick search on tripadvisor backed up with countless personal message would prove my inocent but why should i prove anything to you? you are not even gaining anything from the information given on these boards, you just seem to hang around nit picking peoples threads, which is just sad
The end!!
Good luck for your mum OP
May I ask what you got for your burglary and theft convictions? and did you think you was unlikely to get a visa with your 2 other offences included?
Did these occur when you was under 18?
Thanks for the wishes of good luck, I will try and think positive.
Feb 21st 2013, 3:56 am
#20
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Joined: Feb 2013
Posts: 8
Re: B2 Visa - Conviction
right firstly i cant be bothered to get into a petty disagreement with you , i dont have the time which you clearly have and i cant be doing with people like you that hi-jack peoples threads thinking you are always right and have to give your 2 pence worth on every single matter, its just sad, i replyed to this thread to give the op some advice on the information that you gave them, that doesnt mean i want to argue with you and see who can piss the highest!!!
i will reply to this post only one more time and will then never bother again giving any advice again as people like you just are realy realy ignoring (no doubt you will have a lengthy come back to that!!)
No you recall wrong that was for another offence on my ACPO which was for robbery which i was found not guilty on, i was convicted for burglary and theft as well as 2 other offences and i was given a 10 year visa so i am speaking from experience and not from opinion
if you have a caution for anything drug related even if very minor you will not be given a visa but will require a waiver, this is not the same for theft, many many people are given a visa for theft with cautions and with sentences (like i was) so they are both classed as a CIMT yes but are not treated the same so hence why i pointed out that you were infact wrong
neither of us knew what was or wasnt on the ACPO at the time of posting, as it turns out with the information now given i would say she is infact is unlikley to be given a visa with that , but both of us were speculating
and RE:"NO TRACE" but "NO LIVE TRACE".
Realy? and you so petty that you need to point out the fact that "live" was missing? you point being exactly? that is just sad
as already stated above you can be given a visa with a caution and a sentence for theft , i and many others have , the same cant be said for drugs so even though both are CIMT they are not the same
If i could be bothered then yes i could but i cant and so i wont , it would make me just as sad as you , a quick search on tripadvisor backed up with countless personal message would prove my inocent but why should i prove anything to you? you are not even gaining anything from the information given on these boards, you just seem to hang around nit picking peoples threads, which is just sad
The end!!
Good luck for your mum OP
i will reply to this post only one more time and will then never bother again giving any advice again as people like you just are realy realy ignoring (no doubt you will have a lengthy come back to that!!)
No you recall wrong that was for another offence on my ACPO which was for robbery which i was found not guilty on, i was convicted for burglary and theft as well as 2 other offences and i was given a 10 year visa so i am speaking from experience and not from opinion
if you have a caution for anything drug related even if very minor you will not be given a visa but will require a waiver, this is not the same for theft, many many people are given a visa for theft with cautions and with sentences (like i was) so they are both classed as a CIMT yes but are not treated the same so hence why i pointed out that you were infact wrong
neither of us knew what was or wasnt on the ACPO at the time of posting, as it turns out with the information now given i would say she is infact is unlikley to be given a visa with that , but both of us were speculating
and RE:"NO TRACE" but "NO LIVE TRACE".
Realy? and you so petty that you need to point out the fact that "live" was missing? you point being exactly? that is just sad
as already stated above you can be given a visa with a caution and a sentence for theft , i and many others have , the same cant be said for drugs so even though both are CIMT they are not the same
If i could be bothered then yes i could but i cant and so i wont , it would make me just as sad as you , a quick search on tripadvisor backed up with countless personal message would prove my inocent but why should i prove anything to you? you are not even gaining anything from the information given on these boards, you just seem to hang around nit picking peoples threads, which is just sad
The end!!
Good luck for your mum OP
Were they before you turned 18? If not then you sir, are extremely lucky
Feb 21st 2013, 9:36 am
#21
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Posts: 20
Re: B2 Visa - Conviction
ok i said i wouldnt post again but as 2 of you have asked i will
<<< snip >>>
Even though the sentace was suspended i think they may look at it the same as they would if it was a prison sentance , im no expert but it does sound a little more serious then i first thought
i was 19 and i pleaded guilty to the offence of burglary and theft non dwelling and was given a £100 fine , £33 court cost and £30 compensation, this was on my ACPO sheet along with 3 other conviction (non CMIT i belive) plus a listed offence of robbery (i was found not guilty for this)
I have 2 Friends that have been given a visa with theft showing on a ACPO sheet and i have spoken to quite a few people via different forums who have successfully obtained a visa with theft
The main reason i posted on this thread was because i belive materialcontroller missinformed you when he said "Your mum won't get a visa and will need to be recommended for a waiver of ineligibility" , that isnt always the case and from my very own case i can tell you that you can indeed be given a visa when convicted of theft
CIMT's mean you can not travel on the VWP , it doesnt always mean that you cant obtain a visa , like i said before theft is one of the most common crimes of all , somone could steal a chocolate bar and be convited of theft that doesnt make them the same as someone who was given 7 years for a serious theft
certain convictions do indeed mean there is no way you will be given a visa, drugs being the main one
the point i would make to state the differnace is with a conviction for drugs even if it falls into the very minor section , like a caution (you cant get any minor that a caution) and even if under the age of 18 then a waiver of ineligibility will be needed
This isnt the case with theft, many people are given a full visa with a caution and with a sentence (like i was)
i suspect materialcontroller may have more then one conviction for theft which makes his case completely different to somone that as one conviction for theft (like the op's mum), its wrong to presume that becasue one person is turned down due to a crime of theft that all will hence why i wanted to share my own experience
<<< snip >>>
...can I ask why you think it is more unlikely for a visa to be issued? is it due to the sentencing?
May I ask what you got for your burglary and theft convictions? and did you think you was unlikely to get a visa with your 2 other offences included?
Did these occur when you was under 18?
May I ask what you got for your burglary and theft convictions? and did you think you was unlikely to get a visa with your 2 other offences included?
Did these occur when you was under 18?
You had a 2 convictions for burglary and theft and still obtained a visa?!
Were they before you turned 18? If not then you sir, are extremely lucky
Were they before you turned 18? If not then you sir, are extremely lucky
I have 2 Friends that have been given a visa with theft showing on a ACPO sheet and i have spoken to quite a few people via different forums who have successfully obtained a visa with theft
The main reason i posted on this thread was because i belive materialcontroller missinformed you when he said "Your mum won't get a visa and will need to be recommended for a waiver of ineligibility" , that isnt always the case and from my very own case i can tell you that you can indeed be given a visa when convicted of theft
CIMT's mean you can not travel on the VWP , it doesnt always mean that you cant obtain a visa , like i said before theft is one of the most common crimes of all , somone could steal a chocolate bar and be convited of theft that doesnt make them the same as someone who was given 7 years for a serious theft
certain convictions do indeed mean there is no way you will be given a visa, drugs being the main one
the point i would make to state the differnace is with a conviction for drugs even if it falls into the very minor section , like a caution (you cant get any minor that a caution) and even if under the age of 18 then a waiver of ineligibility will be needed
This isnt the case with theft, many people are given a full visa with a caution and with a sentence (like i was)
i suspect materialcontroller may have more then one conviction for theft which makes his case completely different to somone that as one conviction for theft (like the op's mum), its wrong to presume that becasue one person is turned down due to a crime of theft that all will hence why i wanted to share my own experience
Last edited by Noorah101; Feb 21st 2013 at 2:35 pm. Reason: off-topic rant removed
Feb 21st 2013, 11:08 am
#22
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: B2 Visa - Conviction
ok i said i wouldnt post again but as 2 of you have asked i will
Sorry but people like materialcontroller realy wind me up turning posts into arguments that have no relivance at all to the opening post and achieve nothing by getting all high and mighty, its like the childish stuff you see on youtube comments
anyway rant over
Even though the sentace was suspended i think they may look at it the same as they would if it was a prison sentance , im no expert but it does sound a little more serious then i first thought
i was 19 and i pleaded guilty to the offence of burglary and theft non dwelling and was given a £100 fine , £33 court cost and £30 compensation, this was on my ACPO sheet along with 3 other conviction (non CMIT i belive) plus a listed offence of robbery (i was found not guilty for this)
I have 2 Friends that have been given a visa with theft showing on a ACPO sheet and i have spoken to quite a few people via different forums who have successfully obtained a visa with theft
The main reason i posted on this thread was because i belive materialcontroller missinformed you when he said "Your mum won't get a visa and will need to be recommended for a waiver of ineligibility" , that isnt always the case and from my very own case i can tell you that you can indeed be given a visa when convicted of theft
CIMT's mean you can not travel on the VWP , it doesnt always mean that you cant obtain a visa , like i said before theft is one of the most common crimes of all , somone could steal a chocolate bar and be convited of theft that doesnt make them the same as someone who was given 7 years for a serious theft
certain convictions do indeed mean there is no way you will be given a visa, drugs being the main one
the point i would make to state the differnace is with a conviction for drugs even if it falls into the very minor section , like a caution (you cant get any minor that a caution) and even if under the age of 18 then a waiver of ineligibility will be needed
This isnt the case with theft, many people are given a full visa with a caution and with a sentence (like i was)
i suspect materialcontroller may have more then one conviction for theft which makes his case completely different to somone that as one conviction for theft (like the op's mum), its wrong to presume that becasue one person is turned down due to a crime of theft that all will hence why i wanted to share my own experience
Sorry but people like materialcontroller realy wind me up turning posts into arguments that have no relivance at all to the opening post and achieve nothing by getting all high and mighty, its like the childish stuff you see on youtube comments
anyway rant over
Even though the sentace was suspended i think they may look at it the same as they would if it was a prison sentance , im no expert but it does sound a little more serious then i first thought
i was 19 and i pleaded guilty to the offence of burglary and theft non dwelling and was given a £100 fine , £33 court cost and £30 compensation, this was on my ACPO sheet along with 3 other conviction (non CMIT i belive) plus a listed offence of robbery (i was found not guilty for this)
I have 2 Friends that have been given a visa with theft showing on a ACPO sheet and i have spoken to quite a few people via different forums who have successfully obtained a visa with theft
The main reason i posted on this thread was because i belive materialcontroller missinformed you when he said "Your mum won't get a visa and will need to be recommended for a waiver of ineligibility" , that isnt always the case and from my very own case i can tell you that you can indeed be given a visa when convicted of theft
CIMT's mean you can not travel on the VWP , it doesnt always mean that you cant obtain a visa , like i said before theft is one of the most common crimes of all , somone could steal a chocolate bar and be convited of theft that doesnt make them the same as someone who was given 7 years for a serious theft
certain convictions do indeed mean there is no way you will be given a visa, drugs being the main one
the point i would make to state the differnace is with a conviction for drugs even if it falls into the very minor section , like a caution (you cant get any minor that a caution) and even if under the age of 18 then a waiver of ineligibility will be needed
This isnt the case with theft, many people are given a full visa with a caution and with a sentence (like i was)
i suspect materialcontroller may have more then one conviction for theft which makes his case completely different to somone that as one conviction for theft (like the op's mum), its wrong to presume that becasue one person is turned down due to a crime of theft that all will hence why i wanted to share my own experience
(ii) Exception
Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) 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
(II) 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).
Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) 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
(II) 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).
Now I don't know what the maximum penalty possible could have been for the offence committed by the OP's mum and therefore, I cannot advise whether or not the single offence exception applies in that case. And unless you're an expert on law, you don't know either. And if you don't know, it's better not to speculate in the way you have been doing.
All of the advice I've given has been general in nature and not specific to this case. The reason being that none of us are experts and none of us know the exact circumstances. And in all of your bluster about the CIMT issue, you've also overlooked the fact that the OP's mum might have a prior VWP misrepresentation to deal with as well. So for you to advise that she could rock up to the embassy and be granted a visa on the day is not just speculative, it's also irresponsible.
Here's something else you might want to think about for the future if you intend to keep on giving advice here. If you give the worst case scenario and the case turns out to have a better outcome, then that's great. But if you paint a far rosier picture and the case ends up running into problems due to issues you weren't aware of from the extremely limited information given in a few forum posts, then you've done a massive dis-service to the person asking the question, and that's not so good. We try to avoid doing that in this forum.
To the OP - while it's true that your mum may be eligible for a visa due to her single offence qualifying for the CIMT exception, I wouldn't class that as a likely outcome, and that's not even addressing what the conoff might think of the circumstances surrounding the previous VWP visit. All I can do is wish her and you the very best of luck.
Last edited by materialcontroller; Feb 21st 2013 at 11:10 am.
Feb 21st 2013, 11:59 am
#23
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Joined: Jan 2013
Posts: 20
Re: B2 Visa - Conviction
so you try to avoid giving people bad advice , but being a complete A-hole and a total douchebag ,nit picking information all day long and acting all high and mighty is acceptable?
as i already said i can not stand the old "internet tough guy" or "keyboard warrior" assholes like you so as a direct result of YOU being a complete prick i will not bother giving adivce from now on
I just hope you dont ass lick your way into becomeing a site admin, you clearly need to get a life you sad little man!!!!
as i already said i can not stand the old "internet tough guy" or "keyboard warrior" assholes like you so as a direct result of YOU being a complete prick i will not bother giving adivce from now on
I just hope you dont ass lick your way into becomeing a site admin, you clearly need to get a life you sad little man!!!!
Feb 21st 2013, 1:04 pm
#24
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Joined: Oct 2010
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Posts: 707
Re: B2 Visa - Conviction
so you try to avoid giving people bad advice , but being a complete A-hole and a total douchebag ,nit picking information all day long and acting all high and mighty is acceptable?
as i already said i can not stand the old "internet tough guy" or "keyboard warrior" assholes like you so as a direct result of YOU being a complete prick i will not bother giving adivce from now on
I just hope you dont ass lick your way into becomeing a site admin, you clearly need to get a life you sad little man!!!!
as i already said i can not stand the old "internet tough guy" or "keyboard warrior" assholes like you so as a direct result of YOU being a complete prick i will not bother giving adivce from now on
I just hope you dont ass lick your way into becomeing a site admin, you clearly need to get a life you sad little man!!!!
MC you did give advice specific to this case, your very first words were telling the OP that there would be mo visa and a waiver would be needed. Whilst I'm nit disagreeing with you on that post, you can not say you were not specific when in fact you actually were. Please refer to post 2 of this thread. I feel a misrepresenting my words rant coming on again
Feb 21st 2013, 1:58 pm
#25
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Location: UK
Posts: 4,891
Re: B2 Visa - Conviction
Made me chuckle
MC you did give advice specific to this case, your very first words were telling the OP that there would be mo visa and a waiver would be needed. Whilst I'm nit disagreeing with you on that post, you can not say you were not specific when in fact you actually were. Please refer to post 2 of this thread. I feel a misrepresenting my words rant coming on again
MC you did give advice specific to this case, your very first words were telling the OP that there would be mo visa and a waiver would be needed. Whilst I'm nit disagreeing with you on that post, you can not say you were not specific when in fact you actually were. Please refer to post 2 of this thread. I feel a misrepresenting my words rant coming on again
Just pointing out that all CIMT's will generally require a waiver of ineligibility. I felt that was the most appropriate advice to give the OP given that the only facts we know, based on what's been presented, are that a) the OP's mum has a CIMT conviction and b) CIMT's make people inadmissible.
The advice was of a general nature, even if it was directed at a specific person.
Feb 21st 2013, 2:26 pm
#26
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Re: B2 Visa - Conviction
No matter how hot under the collar one gets there is no place for name calling and abuse on BE.
Thread closed.
Thread closed.
