B2 Visa Embassy interview - criminal record
#16
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: B2 Visa Embassy interview - criminal record
I thought you had to provide bank statements / wages as proof of 1. being able to fund the trip and maybe mortgage details to prove ties here to make sure I will come back. I'm sure in the thread rete sent they had asked for that? When you had your interview did you not take that with you?
They will ask you about funds and home ties during your interview. Take everything that you think is relevant, but don't be surprised if they aren't interested in looking at it. You may get a request to email them further documentation during the wait for a waiver of ineligibility.
#17
Re: B2 Visa Embassy interview - criminal record
Based upon the facts provided by OP, I would join in the recommendation of at least a consultation and evaluation by an experienced US Immigration attorney. The value of legal assistance is a question for OP.
It may very well be that OP is not inadmissible at all. And the VCU-1 form is really inadequate for that purpose. (The Immigration Court Practice Manual describes a preferred grid which I found useful when I was in practice). The facts provided by OP indicate a strong possibility that this is true.
The law on the criminal grounds of inadmissibility can be a tad fuzzy at times. Just last week, the US Supreme Court issued an opinion on examination of a criminal offense vis a viz immigration. Although it will not be "on point" with OP's situation, the analysis in the decision may very well have an effect on any evaluation of her record.
Even if OP's record creates a ground of inadmissibility, that analytical grid is useful for any waiver application.
It should be noted that "no" is inherent in US immigration law. My boss taught me, when I was a very young lawyer, that a lawyers job in immigration law is to make it possible for the Adjudicator's to say "yes."
It may very well be that OP is not inadmissible at all. And the VCU-1 form is really inadequate for that purpose. (The Immigration Court Practice Manual describes a preferred grid which I found useful when I was in practice). The facts provided by OP indicate a strong possibility that this is true.
The law on the criminal grounds of inadmissibility can be a tad fuzzy at times. Just last week, the US Supreme Court issued an opinion on examination of a criminal offense vis a viz immigration. Although it will not be "on point" with OP's situation, the analysis in the decision may very well have an effect on any evaluation of her record.
Even if OP's record creates a ground of inadmissibility, that analytical grid is useful for any waiver application.
It should be noted that "no" is inherent in US immigration law. My boss taught me, when I was a very young lawyer, that a lawyers job in immigration law is to make it possible for the Adjudicator's to say "yes."
#18
Just Joined
Thread Starter
Joined: Apr 2018
Posts: 16
Re: B2 Visa Embassy interview - criminal record
I will take it with me I think just to be safe. I just don't want to be caught out and give any more reason for them to deny it because I've failed to provide something.
S Folinski I have my appointment in June so it probably wouldn't give me much time to sort out legal assistance plus I'm not sure I would want the cost to be honest.
The whole CIMT thing did have me a bit confused as it wasn't very consistent but it seems anything theft related seems to fall into that category from what I have read.
S Folinski I have my appointment in June so it probably wouldn't give me much time to sort out legal assistance plus I'm not sure I would want the cost to be honest.
The whole CIMT thing did have me a bit confused as it wasn't very consistent but it seems anything theft related seems to fall into that category from what I have read.
#19
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: B2 Visa Embassy interview - criminal record
I will take it with me I think just to be safe. I just don't want to be caught out and give any more reason for them to deny it because I've failed to provide something.
S Folinski I have my appointment in June so it probably wouldn't give me much time to sort out legal assistance plus I'm not sure I would want the cost to be honest.
The whole CIMT thing did have me a bit confused as it wasn't very consistent but it seems anything theft related seems to fall into that category from what I have read.
S Folinski I have my appointment in June so it probably wouldn't give me much time to sort out legal assistance plus I'm not sure I would want the cost to be honest.
The whole CIMT thing did have me a bit confused as it wasn't very consistent but it seems anything theft related seems to fall into that category from what I have read.
#20
Re: B2 Visa Embassy interview - criminal record
Exactly and the maximum sentence under US law not UK law
#21
Re: B2 Visa Embassy interview - criminal record
Timewise, a consultation and analysis does not take all that long. When I was in practice, with all documents in hand, it might take three hours of my time. Your mileage may vary. Do note that with scanning, it is possible to have a US based attorney do this. J Craig Fong is quite competent and has had favorable responses on British Expats.
Also from experience, British conviction records can be confusing.
As a general rule, it is best to avoid a negative determination in the first place. I know that I had some clients with a quite checkered history -- and the 23 arrests and convictions did not support inadmissiblity! Government counsel complimented me on that because absent our grid, our client would have been "SOL" [An Americanism for "you lose - badly"]
Good luck.
#22
Just Joined
Thread Starter
Joined: Apr 2018
Posts: 16
Re: B2 Visa Embassy interview - criminal record
But I do have a question already. I'm doing the VCU-1 form and trying to edit it in acrobat online and it's says it's password protected pdf and I've searched everywhere online for the password and can't find anything.
How the hell do I edit it seen as how it says handwritten ones will be discarded?
I'm frustrated on getting stuck on something that should be really easy to do yet I cannot figure this out.
#24
Just Joined
Thread Starter
Joined: Apr 2018
Posts: 16
Re: B2 Visa Embassy interview - criminal record
https://www.thedibb.co.uk/forums/arc.../t-992262.html
Basically I needed to add more rows to fit everything in, which is probably not a good sign
#25
#26
Re: B2 Visa Embassy interview - criminal record
Based upon the facts provided by OP, I would join in the recommendation of at least a consultation and evaluation by an experienced US Immigration attorney. The value of legal assistance is a question for OP.
It may very well be that OP is not inadmissible at all. And the VCU-1 form is really inadequate for that purpose. (The Immigration Court Practice Manual describes a preferred grid which I found useful when I was in practice). The facts provided by OP indicate a strong possibility that this is true.
The law on the criminal grounds of inadmissibility can be a tad fuzzy at times. Just last week, the US Supreme Court issued an opinion on examination of a criminal offense vis a viz immigration. Although it will not be "on point" with OP's situation, the analysis in the decision may very well have an effect on any evaluation of her record.
Even if OP's record creates a ground of inadmissibility, that analytical grid is useful for any waiver application.
It should be noted that "no" is inherent in US immigration law. My boss taught me, when I was a very young lawyer, that a lawyers job in immigration law is to make it possible for the Adjudicator's to say "yes."
It may very well be that OP is not inadmissible at all. And the VCU-1 form is really inadequate for that purpose. (The Immigration Court Practice Manual describes a preferred grid which I found useful when I was in practice). The facts provided by OP indicate a strong possibility that this is true.
The law on the criminal grounds of inadmissibility can be a tad fuzzy at times. Just last week, the US Supreme Court issued an opinion on examination of a criminal offense vis a viz immigration. Although it will not be "on point" with OP's situation, the analysis in the decision may very well have an effect on any evaluation of her record.
Even if OP's record creates a ground of inadmissibility, that analytical grid is useful for any waiver application.
It should be noted that "no" is inherent in US immigration law. My boss taught me, when I was a very young lawyer, that a lawyers job in immigration law is to make it possible for the Adjudicator's to say "yes."
#27
Re: B2 Visa Embassy interview - criminal record
Exactly and the maximum sentence under US law not UK law.
If any of the convictions were drug related then it is an uphill climb.
A consultation with an experience US immigration attorney, either in person or a phone chat, would be helpful in determining what needs to be brought to the interview in regards to the criminal history.
If any of the convictions were drug related then it is an uphill climb.
A consultation with an experience US immigration attorney, either in person or a phone chat, would be helpful in determining what needs to be brought to the interview in regards to the criminal history.
I would add two things -- provision of records will be extremely helpful to any attorney.
Looking at "U.S. law" can be a tad complicated for comparison. As a general rule, the US law in question will either be the Federal Criminal provisions or the criminal code of the District of Columbia.
The elements of "burglary" can be tricky. That recent Supreme Court case involved two California "burglary" convictions, which as J. Gorsuch noted is very broad to as to involve elements which have a "tendency to violent offenses." "Common Law Burglary" is inherently violent with a high risk of violence. But not even modern UK statutes fit traditional Common Law Burglary.
UK has "triable either way" which we in California call "wobblers."
OP posits facts that, absent a review of the paperwork, I would not share Materialcontrollers confidence of what the result would be. Also, some of the issues are so damn fuzzy, I would not trust the hurried consular officers to make a correct decision if there is no ground of inadmissiblity.
#28
Just Joined
Thread Starter
Joined: Apr 2018
Posts: 16
Re: B2 Visa Embassy interview - criminal record
Hey,
I thought I would update everyone on how my trip went to the London embassy went!
So I gave everything they needed...the police certificate and filled in the VCU01 form with additional arrests. I was absolutely convinced I wouldn't get one there and best outcome would be recommendation for visa waiver. They asked why I had gotten into so much trouble and a few other questions and I just answered the best I could.
Anyway in the end he said that there were a couple of the convictions on there that make me inadmissible.
However, he said that because they were juvenile offences also the fact that the custodial sentence was a young offenders institution and under 21 (which I found confusing because I thought anything over 18 wouldn't be classed as juvenile anymore..but hey I wasn't going to argue with that!) that he could give me the visa.
Sooooo I GOT MY VISA!!!!! Which is now due today!! I'm very happy and now just waiting to see what the expiry would be on it
I thought I would update everyone on how my trip went to the London embassy went!
So I gave everything they needed...the police certificate and filled in the VCU01 form with additional arrests. I was absolutely convinced I wouldn't get one there and best outcome would be recommendation for visa waiver. They asked why I had gotten into so much trouble and a few other questions and I just answered the best I could.
Anyway in the end he said that there were a couple of the convictions on there that make me inadmissible.
However, he said that because they were juvenile offences also the fact that the custodial sentence was a young offenders institution and under 21 (which I found confusing because I thought anything over 18 wouldn't be classed as juvenile anymore..but hey I wasn't going to argue with that!) that he could give me the visa.
Sooooo I GOT MY VISA!!!!! Which is now due today!! I'm very happy and now just waiting to see what the expiry would be on it
#30
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: B2 Visa Embassy interview - criminal record
Well done. That is a good result.
I'm even more certain now that advising the OP that they didn't need an attorney consultation was the correct course of action. It sometimes seems as though certain members of this forum are simply on a mission to drum up new business for m'learned friends in the legal profession.
I'm even more certain now that advising the OP that they didn't need an attorney consultation was the correct course of action. It sometimes seems as though certain members of this forum are simply on a mission to drum up new business for m'learned friends in the legal profession.