goodwin89

ok so me an my wife are currently waiting for my CR-1 NOA2 coming through, i was over in america from sept 10 - april 11, while i was there until march 11 the uk goverment paid me benefits while i was there, i geniuenly didnt no that it was a gainst the law to be claiming abroad i only thought i was entitled because a doctor had signed me off, now if there is a warrant placed, or im charged with fraud, or fined even it doesnt go to court, will any of these 3 affect us an cost me the CR-1 i am extremely worried we have 2 small children an this was an honest mistake ive called them myself an explained fully an am willing to pay it all back,

md95065

Better than saying that you are willing to pay it back, you should go ahead and actually pay it back immediately before they get around to asking you. With any luck that should preempt any other action being taken.

By the way, what was your status in the US for the 7 months that you were there?

goodwin89

was under VWP over stayed 4months, adviced by lawyer to get out before 180days or face a 3year ban an wouldnt get any visa so i left that day to avoid any trouble only know to be facing worse by doing the right thing an still ending up losing about because of stupidity an not stopping payment from uk goverment

Pookiedookie

You might want to read this link here

http://www.bbc.co.uk/news/uk-12081634

It is highly unlikely they will accept your offer. They don't need your offer of repayment, the court will order you repay the money anyway IF you are prosecuted for benefit fraud and you almost certainly will be and ignorance is not a defence by the way.

I work for an training agency helping unemployed people. We hves the contract for gov unemployment scheme in our area. We have had seen people bought up on charges for as little as £500 benefit fraud given community order, unpaid work orders, and ordered to repay the money back. They have uncovered one lad who was on new deal a few weeks ago who didn't send any jobs off over a period of time apparently and received a good chunk of benefit. Not content with stopping his money they are trying to prosecute him for benefit fraud for that payment period or so I have heard.

How much benefit where you paid in that 6 or 7 month period that you where overseas? Several thousand pounds right? You should have informed the job centre that you where moving overseas they call that a change in circumstances that affects your claim for benefits. I think it is the end of your american dream.

srefre

Really?

I know nothing about this area, but I am surprised that if you spotted the mistake, said you hadn't realised at the time and paid it back that they would prosecute you.

If you waited for them to point it out, or start prosecution proceedings and then claimed ignorance, I can see it being a little different.

Also, whether the OP would have been classed as living in the US is perhaps questionable?

Pookiedookie

As that bbc link says they are cracking down on benefit fraudsters. Besides the poster had to sign a number of documents in which his responsibilties are outlined. You agree to notify the job centre promptly about ANY CHANGE OF CIRCUMSTANCES. That is basically what it says. I am not going to post more links up I can't be bothered to do it but that is what you sign your name too. I don't think the ignorance defence will fly somehow. It might but I doubt it. They won't want to open the gates for everyone caught to say we didn't know we couldn't play football on the disability we didn't know we couldn't live aboard we didn't know honest! They won't let that happen.

Of all these people you see on the news who have been taken to court or on saints and scroungers. You know these people who the investigators catch after a tip off and they get them on video line dancing, reffing football games or playing golf and they say they got a bad back and can barely walk 3ft all that. Do you think they made the offer to repay the money when confronted with a video tape of themselves running around playing football or whatever? Where their offers accepted? Will his be?. I think he has been fortunate not to have been reported to the benefit fraud hotlines before now

Marocco

If it worked that way, then everyone would sign up for benefits, whether they are entitled or not. If they get caught, they offer to pay the money back and get off scot-free. Nothing to lose.

Pookiedookie

Exactly! And besides I am sure U.S gov will take a very dim view of him not only committing the fraud but committing the fraud in the United States as well.

md95065

I understand that, but my point was that, as far as I know, the OP hasn't been "caught" yet and claims to have made an honest mistake and to be willing to replay the overpayment of his own volition. All of which may or may not be true.

I would like to think that someone who genuinely did make an honest mistake and offer to repay the money wouldn't be penalized but I guess that might not be realistic in the circumstances. (I do remember that the forms you have to fill out for benefits are usually pretty explicit about the need to disclose any change of circumstances).

Regardless of that, it would seem that the OP has nothing to lose by coming clean and repaying the money.

srefre

But that's not what I said!
You both conveniently cut off the "If you waited for them to point it out, or start prosecution proceedings and then claimed ignorance, I can see it being a little different." part of my quote, changing the whole context.

md95065 - Exactly!

Duncan Roberts

Lets just say you do get charged with fraud. Fraud against the (UK) government won't be looked at positively and disregarding (US) government immigration laws won't be either. No matter how much of an honest mistake, you are giving the impression that you don't really pay much attention to your own country or the one you are trying to move to. It does beg the question, why would you stay in the US for 7 months when the VWP clearly states you are only admitted for 90 days?

Pookiedookie

The fraud will be cimt and isn't there something about has to be at least 15 years since a conviction in order to get a green card?

discoviking

Let's not put the cart before the horse. The guy has not been charged yet, nor has he had is visa interview.

If, during his immigrant visa interview he is found to be inadmissible to the US, his immigrant visa will be denied. Depending on the inadmissibility, he may or may not be eligible to apply for a waiver of that inadmissibility. At discretionary decision will be made based on the totality of the couple's circumstances. The waiver may be approved, or it may not be approved.

Let's see how this plays out first. Nobody here can make any predictions as to what will happen to OP's american dream at this stage of the game.

OP may want to consult with appropriate legal counsel to get an idea of what he is up against, though.

goodwin89

well they called today i explained it all i offered to pay it back which i have so no problems there, when i was in USA under vwp i fell ill an i have doctors an emdical records to back that up, so there's no problem there, all in all not a bad outcome, still on for my ''American dream'' i see it more a man going back to his wife an kids, thanks to those who weren't so negative an to the gentleman who claimed he works for whoever an knew all his stuff, u obviously dont, theres no fraud in not knowin an paying it back, i never ran, i contacted them, not exactly a crime spree now is it, thanks again though guys

Pookiedookie

Seems like you have been lucky to me. Just for the fun of it, how much where you overpaid?