wokingboy

Hi to everyone on here. Just joined in the last hour after spending all morning reading various helpful blogs andneed some advice !
I received a conviction for theft in Jun 2008 . Therefore I completed the DS-160 and have the ACPO in my possesion. Just about to email this aswell
as a brief timetable of events leading up to my conviction at Winchester Crown Court.
My question is, how much info should I give them ? If I am granted an interview would a con off delve into my reasons behind the theft ?
This was my 1st ever brush with the law, I am 37, homeowner for 12 years, have a very stable well paid job since leaving my previous employer of 17
years 3 years ago. I plan to travel with my girlfriend end Nov10 to Florida to visit her parents who live out there between Apr-Jun and Oct-Dec each year. I also have a family friend, a US citizen who I have known since 1983 who resides in Fla.
I basically passed some documents onto a third party from my previous employer (a major airline), was arrested May 2007 and after a very lengthy
time where I was bailed on 3 occasions charge with theft, appeared twice
at court where I pleaded guilty in May08 then in Jun08 sentenced to 100hrs
unpaid work (completed Sep08) with £900 court costs.
I have already paid the visa fee of USD140, don't have an immigration lawyer, should I get one ?
I think I should state why I am worried about the likelyhood of getting a B2. It was animal rights related, and although it does not statethat anywhere on the ACPO or Court documents, would the Embassy know after maybe doing some of their own research ??!!
Aware I have spilled my life story out to complete strangers but thought it best to give everyone the full facts and truth, thank you !

crg

Hi,

Unless it was a political crime, your explanation is not relevant at this point. Based on the way the law is written, your age at the time, the max possible penalty, and the actual penalty imposed they will make a determination as to admissibility. You can't talk your way out of it.

The explanation part may come into play if they want to consider a waiver. If you need a waiver, they will most likely not even consider a waiver for a theft in 2008. It's too soon.

Please provide the following information:

What was the max possible sentence you could have received for the theft? How many counts of theft were there?

wokingboy

Hi crg,

I just wanted to make you aware of the background to my conviction.
It was 1 count of theft only. I remember at the time my barrister advising me
that the max penalty was 5-7 years in prison, for taking 1 x a4 size original document and photocopying 7 others, amazing ! Even the Judge said he would normally send someone to prison for this but due to it being my 1st offence and that I was of good character and well thought of in the community,etc, etc he just gave me the community order !
Seriously though, I have been trying to find someone on here in a similar situation as me but no joy yet. What, if any, chance do I have ??
Cheers.

crg

Hi,

The 7 year max sentence means it can't count as a single petty offense exception and theft is a CIMT.

From what you are telling me, you will definitely need a waiver for that. They will usually want a period of time without problems since the conviction and the completion of the penalty before even considering a waiver.

If I were to wager one way or the other, I'd say that it is too soon for them to approve a waiver for you. However, the approval of a waiver is a matter of discretion so there is always a chance.

Please post back with the outcome.

dreamercon

Theft with an "intent to permanently deprive" is a CIMT, but theft with an "intent to temporarily deprive" should not be a CIMT. One should check the statute to be sure if something is a CIMT or not.

crg

That's an idea, but I think it's a long shot. Also, a 7 year max would not really make sense for a temporary deprivation of property.

That usually comes up with a joyriding offense.

wokingboy

Thank you very much for your reply's. I never really knew if they classed my conviction as theft by either temp or perm depriving. It never came up in interview. As I posted the documents to this third party there would of been no way in me getting them back after they were published on the 3rd party website so I guess I did permanently deprive my company (someone) of them.
Sorry to ask guys or gals but what is a waiver and how does it work ? My brain is frazzled by all the us dhs website info aswell as this wonderful site !!
Cheers

ian-mstm

If something you've done in the past makes you either inadmissible to the US or ineligible to apply for a visa, then you need a waiver to (not surprisingly) waive that inadmissibility or ineligibility. If the waiver is approved, the inadmissibility or ineligibility is set aside, and you are then free to continue the application process. You can not apply for a waiver until such time as you have actually been found to be inadmissible or ineligible.

Ian

sangiano

Kudos to the OP for being honest.

Once again someone wants to self minimize and justify their actions.

It is hardly the simple theft of of a computer is it?

To put it in context (potentially):

The OP stole confidential documents (from a position of trust) and made them available to a party who would want to do financial harm and tarnish the reputation of the company they were stolen from or to other companies.

Further, they were published on a website for a community that potentially includes people who would harass, threaten and stalk employees and directors of that company, as well as commit criminal damage against the company and its employees.

A potential sentence in excess of one year doesn't seem too amazing to me.

If that was the case, I think, as the judge obviously did, that the OP was lucky to escape a substantial custodial sentence.

I think it is way too early for a waiver.

wokingboy

Dear Ian, thank you for your info.
Dear Sangiano, You just about hit the nail on the head, very clever of you !
I made a huge mistake that cost me my marriage and my career. What I did was stupid and very foolish. I am very happy to take criticism for my actions and I DO deeply regret them .
I will continue my visa application and see how things go
Cheers Graham.

wokingboy

Hi everyone.
I thought I should let you know of my experience in obtaining a b1/b2 visa with a CIMT over the last 4 months or so. Great news, I received my visa back from DX today, I am over the moon but rather supsrised because of my conviction !!!
I wont bore you all again with my history as you can all read that on this
thread. I had my interview 22Jul and it went exactly like another person said on here, pjjstewart1982 with his thread 'conviction had b-2 visa interview'. The only difference I guess was although I was told 3-4 weeks it took the usual 90 days. I also only received a 6 month visa which I guess I was expecting anyway.
It only took DX 1 week to collect the passport and deliver it back to me after I paid the cheap £25 option, however they just turned up this am without a text or email or phone call, lucky I was in !
I can now travel with my girlfriend to Florida late Nov for a weeks holiday visiting her parents who have a holiday home in Orlando.
So happy and thank you all for your advice in the past. It is very interseting to read other people's experiences on this site !
One quick question as I plan to go for 2 weeks Nov 2011 is that do I go through the whole process again with applying online for the DS160, up to the embassy for an interviews, etc, etc ?
Kind regards, Graham.

crg

Hi,

Thanks for the update. Did the visa have a 212(d)(3) notation on it?

wokingboy

Hi Crg,

Annotation
212(small D) (3) (A) WAIVER OF 212(A)(2)(A)(I).

I understand what 212 a 2 etc is but any idea what small d 3 a is ?
It also shows the letter R at the top before B1/B2 Visa Type/Class.

Cheers G.

crg

212(d)(3) is the type of waiver they approved. The R stands for Regular.

ian-mstm

Your question is confusing... you already have a valid visa in your passport. Why would you even need to complete a DS-160?

Ian