Nluv4ever77

Does a conviction automatically keep you from getting a visa? I mean when my husband
answered the question have you ever been arrested, he check no but he attached a
sheet of paper explaning everything. I am assuming that even though he wasnt arrested
but yet he paid a fine that he was convicted. Can he still get his visa without
applying for a waiver or do you think we will have to get one? The reason I ask this
is I want to know if this is going to slow us down like everything else has done. Can
they still issue his visa even though he has a police record for the acohol thing.
Please dont get upset with me for posting so many questions but I just want to have a
normal life and I want to know what we are looking at. Can anyone share experiences
if they have any? We still dont know if he was convicted but he paid a fine so I
assume he was. Thanks.

rogerpenycate

I am certainly not an expert or lawyer, however I think that others that reply may want to have more information.
I was "convicted" for drink driving in the UK, told the truth on my
325A and was approved, so perhaps you need to elaborate on what the alcohol related conviction was for, and then other experts that follow will be able to offer their opinions.

Michele Sharik

My husband was arrested & convicted on a charge of "Fraud" in Canada in 1982. It was
2 months before his 18th birthday, so he was a minor. No jail time was given or
served; a fee was paid. (A pardon was issued by Canada in 1992, but that's irrelevant
because the INS doesn't recognize any foreign pardons.) We checked "Yes" on the form
because Alvena recommended that we
do. We attached a copy of the pardon showing the original conviction and date. We
didn't include any notes explaining it.

At our AOS interview, the interviewer asked Brian about the arrest & conviction. He
asked what specifically he had done (his girlfriend worked in a retail store & she
would give him product & he would 'return' it at her register for cash - yet another
case of a teenage boy thinking with the wrong head) and whether any jail time had
been given. He also asked questions like "Did you make a lot of money doing that?"
Brian (who was nearly in tears) said, "no, we only did it the one time. It was
*stupid*." The interviewer also asked Brian why he had gone through the trouble of
getting a pardon since the conviction had happened when he was legally a minor. Brian
said that even though a minor's records are expunged upon reaching majority (just
like in the States), he just felt better having the paper saying that it was forgiven
& a lawyer recommended he pursue the pardon. Our interviewer told us that "Fraud" is
one of the Red Flag convictions -- he was unable to sign off on it and needed to pass
it up to his Supervisor. When I asked if it would be a problem -- after all, it was
22 years ago & he was a minor -- he said he didn't think so. Still, we were pretty
worried about it. (We had to have a continuance anyway for the Med Exam.)

Brian's conviction was signed off on by the Supervisor (presumably) and we were
granted CPR on June 14. Brian's case fit one of the exclusions in the Immigration &
Naturalization Act which specified under what conditions potential immigrants are
inadmissible.

http://www.ins.usdoj.gov/lpBin/lpext...-21/slb-1891?f
=templates&fn=document-frame.htm

Specifically, INA 212(a)(2)(A)(ii)(I), which reads:
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only
one crime if-
(iii) 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

I hope that helps a little.

ps. I'd recommend talking to a lawyer about this one. Good luck.

--
-Michèle (US) & Brian (CAN) Detailed Timeline: http://ladysun1969.tripod.com Oct 11,
2000: met in person June 16, 2001: married in Las Vegas July 10, 2001: submitted
I-485/I-130 package (Cleveland) August 14, 2001: EAD & SSN August 17, 2001:
fingerprints August 21, 2001: AP January 21, 2002: moved to San Francisco May 28,
2002: AOS interview (SF) -- given 90 day Continuance for Medical Exam June 1, 2002:
INS Medical Exam June 14, 2002: CPR Approved!! WOO-HOO!

"NLUV4EVER77" <[email protected]> wrote in message
news:[email protected]...
    > Does a conviction automatically keep you from getting a visa? I mean when
my
    > husband answered the question have you ever been arrested, he check no but
he
    > attached a sheet of paper explaning everything. I am assuming that even
though
    > he wasnt arrested but yet he paid a fine that he was convicted. Can he
still
    > get his visa without applying for a waiver or do you think we will have
to
    > get one? The reason I ask this is I want to know if this is going to slow
us
    > down like everything else has done. Can they still issue his visa even
though
    > he has a police record for the acohol thing. Please dont get upset with
me
    > for posting so many questions but I just want to have a normal life and I
want
    > to know what we are looking at. Can anyone share experiences if they have
any?
    > We still dont know if he was convicted but he paid a fine so I assume he
was.
    > Thanks.

Michele Sharik

as an addendum: I was perusing the INS web site under Naturalization & found this:

<quote> A person also cannot be found to be a person of good moral character if
during the last five years he or she: has committed and been convicted of one or more
crimes involving moral turpitude has committed and been convicted of 2 or more
offenses for which the total sentence imposed was 5 years or more has committed and
been convicted of any controlled substance law, except for a single offense of simple
possession of 30 grams or less of marijuana has been confined to a penal institution
during the statutory period, as a result of a conviction, for an aggregate period of
180 days or more has committed and been convicted of two or more gambling offenses is
or has earned his or her principal income from illegal gambling is or has been
involved in prostitution or commercialized vice is or has been involved in smuggling
illegal aliens into the United States is or has been a habitual drunkard is
practicing or has practiced polygamy has willfully failed or refused to support
dependents has given false testimony, under oath, in order to receive a benefit under
the Immigration and Nationality Act. </quote>

While this specifically pertains to Naturalization and not just Immigration, I think
it's probably a good bet that "good moral character" is defined the same way for both
procedures.

So, relating to your situation: "habitual drunkard" would be the one to look at. If
he's only got the one conviction, then it might not be a problem as one time does not
a habit make. However, I still recommend talking to an immigration attorney.

good luck.

--
-Michèle (US) & Brian (CAN) Detailed Timeline: http://ladysun1969.tripod.com Oct 11,
2000: met in person June 16, 2001: married in Las Vegas July 10, 2001: submitted
I-485/I-130 package (Cleveland) August 14, 2001: EAD & SSN August 17, 2001:
fingerprints August 21, 2001: AP January 21, 2002: moved to San Francisco May 28,
2002: AOS interview (SF) -- given 90 day Continuance for Medical Exam June 1, 2002:
INS Medical Exam June 14, 2002: CPR Approved!! WOO-HOO!

"NLUV4EVER77" <[email protected]> wrote in message
news:[email protected]...
    > Does a conviction automatically keep you from getting a visa? I mean when
my
    > husband answered the question have you ever been arrested, he check no but
he
    > attached a sheet of paper explaning everything. I am assuming that even
though
    > he wasnt arrested but yet he paid a fine that he was convicted. Can he
still
    > get his visa without applying for a waiver or do you think we will have
to
    > get one? The reason I ask this is I want to know if this is going to slow
us
    > down like everything else has done. Can they still issue his visa even
though
    > he has a police record for the acohol thing. Please dont get upset with
me
    > for posting so many questions but I just want to have a normal life and I
want
    > to know what we are looking at. Can anyone share experiences if they have
any?
    > We still dont know if he was convicted but he paid a fine so I assume he
was.
    > Thanks.

Nluv4ever77

Yes we told the lawyers that handled our I130 about the DWI and they said not to
worry about it. We called the consulate and the lady that answered the phone told us
to check yes, then attach a note. In fact she said....is that all?? She said she
didnt see a problem with it.