Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

B2 Visa Embassy interview - criminal record

B2 Visa Embassy interview - criminal record

Old Apr 25th 2018, 4:23 pm
  #16  
Account Closed
 
Joined: Jun 2011
Location: UK
Posts: 4,891
materialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond repute
Default Re: B2 Visa Embassy interview - criminal record

Originally Posted by pixelcherries
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?
I didn't take anything like that to my last interview. Mainly because I knew that they wouldn't ask to see it. But then again, that was my third visa interview and the circumstances of my case are already well established.

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.
materialcontroller is offline  
Old Apr 25th 2018, 4:51 pm
  #17  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,403
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default 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."
S Folinsky is offline  
Old Apr 25th 2018, 5:38 pm
  #18  
Just Joined
Thread Starter
 
Joined: Apr 2018
Posts: 16
pixelcherries is an unknown quantity at this point
Default 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.
pixelcherries is offline  
Old Apr 25th 2018, 7:34 pm
  #19  
Account Closed
 
Joined: Jun 2011
Location: UK
Posts: 4,891
materialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond repute
Default Re: B2 Visa Embassy interview - criminal record

Originally Posted by pixelcherries
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.
Best of luck with your application. Let us know how you get on, or come back and ask more questions at any time.
materialcontroller is offline  
Old Apr 25th 2018, 7:56 pm
  #20  
Often not so civil...
 
civilservant's Avatar
 
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
civilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond repute
Default Re: B2 Visa Embassy interview - criminal record

Exactly and the maximum sentence under US law not UK law
That's not correct. It's the maximum sentence you could have received in the country in which the offence was committed.
civilservant is offline  
Old Apr 25th 2018, 9:37 pm
  #21  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,403
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: B2 Visa Embassy interview - criminal record

Originally Posted by pixelcherries
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.
I have no idea what your budget is, but I have observed that many people have an inflated idea of what attorneys actually charge in fees.

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.
S Folinsky is offline  
Old Apr 26th 2018, 3:41 pm
  #22  
Just Joined
Thread Starter
 
Joined: Apr 2018
Posts: 16
pixelcherries is an unknown quantity at this point
Default Re: B2 Visa Embassy interview - criminal record

Originally Posted by materialcontroller
Best of luck with your application. Let us know how you get on, or come back and ask more questions at any time.
Ahh thank you I will let you know how it goes.

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.
pixelcherries is offline  
Old Apr 26th 2018, 4:58 pm
  #23  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,358
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: B2 Visa Embassy interview - criminal record

Can't you print out a copy of the form; complete it in pencil; make edits when needed; and then complete it online and press send?
Rete is offline  
Old Apr 26th 2018, 8:10 pm
  #24  
Just Joined
Thread Starter
 
Joined: Apr 2018
Posts: 16
pixelcherries is an unknown quantity at this point
Default Re: B2 Visa Embassy interview - criminal record

Originally Posted by Rete
Can't you print out a copy of the form; complete it in pencil; make edits when needed; and then complete it online and press send?
I found a way of doing it I used PDF escape to edit it. Someone had mentioned doing it that way on another forum where someone had the same problem.

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
pixelcherries is offline  
Old Apr 26th 2018, 9:01 pm
  #25  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,358
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: B2 Visa Embassy interview - criminal record

Originally Posted by pixelcherries
I found a way of doing it
Basically I needed to add more rows to fit everything in, which is probably not a good sign
It is not a bad sign. Life is not one size fits all.
Rete is offline  
Old Apr 29th 2018, 8:48 pm
  #26  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,403
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: B2 Visa Embassy interview - criminal record

Originally Posted by S Folinsky
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."
The grid I mentioned can be found at Section 3.3(f) of the Immigration Judge Practice Manual which is available on line. A sample grid can be found at Appendix O-1.
Attached Files
File Type: pdf
practicemanual.pdf (126.2 KB, 50 views)
S Folinsky is offline  
Old Apr 29th 2018, 9:35 pm
  #27  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,403
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: B2 Visa Embassy interview - criminal record

Originally Posted by Rete
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.
I do not disagree with anything in this post.

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.
S Folinsky is offline  
Old Jun 28th 2018, 11:00 am
  #28  
Just Joined
Thread Starter
 
Joined: Apr 2018
Posts: 16
pixelcherries is an unknown quantity at this point
Default 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
pixelcherries is offline  
Old Jun 28th 2018, 3:41 pm
  #29  
Turning into a PA gal!
 
lizzyq's Avatar
 
Joined: Feb 2013
Location: State College PA, finally!
Posts: 3,563
lizzyq has a reputation beyond reputelizzyq has a reputation beyond reputelizzyq has a reputation beyond reputelizzyq has a reputation beyond reputelizzyq has a reputation beyond reputelizzyq has a reputation beyond reputelizzyq has a reputation beyond reputelizzyq has a reputation beyond reputelizzyq has a reputation beyond reputelizzyq has a reputation beyond reputelizzyq has a reputation beyond repute
Default Re: B2 Visa Embassy interview - criminal record

Congratulations! Enjoy your trip when it happens.
lizzyq is offline  
Old Jun 28th 2018, 4:49 pm
  #30  
Account Closed
 
Joined: Jun 2011
Location: UK
Posts: 4,891
materialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond repute
Default 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.
materialcontroller is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.