Ineedhelpchris

PLEASE PLEASE PLEASE someone help

I am looking to travel to the us in August as a student. I have secured my place at a pretty good college / got my i-20 / booked my appointment etc so everything is nearly comeplete.



My interview is Monday at the embassy in London - I know leaving a little late but it was the earliest they could do.

Now i'm really worrying, I have received my ACPO certificate back and it has 3 things on. I had 1 warning for theft and 1 conviction for theft from employer but 2 counts.

both were before the age of 18 and one was a warnmning - the theft from employer was £170 so from research I believe this comes up as petty offence and also juvenile conviction

my warning was 6 years ago and the conviction for theft was 4 years.

What is the likelihood of me being given a visa?

I am having sleepless nights worrying as is my mother as we have put quite a bit of money into this.

andy1

Hi the thefts will be a CIMT you will need a waiver.

Ineedhelpchris

Regardless of the fact they were both under 18?

Ineedhelpchris

Also I have noted somewhere that the prison sentance could have been 6 months...surely that comes under the CIMT exclusion too?

ian-mstm

As it stands right now, l'd give it more than 0% but less than 50%. You will likely need to get hold of the court paperwork, and you may also need a waiver of ineligibility (since theft is a CIMT).

Ian

Ineedhelpchris

Okay so just to clarify regardless of the fact I was tried as a juvenile and only received a fine I still have little chance of gainiing a visa and if I do it certainly has to be with a waiver?

ian-mstm

The actual punishment you received is irrelevant. What is relevant is the maximum you could have received. That is the criterium that will be used to help make a determination of whether or not you're eligible.


To my knowledge, the petty offense exception covers a single offense - you have multiple offenses... therefore you will likely need a waiver. You won't know for sure until your interview. Go to the interview and see what happens. It is only at that point in time that you will have a clear understanding of what will be required to get the visa.

I regret that both you and your mum are having sleepless nights... but this should have been considered long before you applied for a student visa.

Ian

Ineedhelpchris

Is a warning classed as a conviction though?

ian-mstm

If by warning you mean "caution", then no... it's not generally considered a conviction for US immigration purposes. It is, however, an admission of guilt. But you also said there were 2 counts of theft in addition to the caution. While only one might have led to a conviction, the other one doesn't just disappear.

Have you considered a consultation with an attorney?

Ian

Ineedhelpchris

Basically I worked in a shop - and took £170 over the course of 2 weeks on 2 seperate dates...so i don't know how this fares...

With regards to an attorney I have considered it, but am not 100% as they would not be able to attend the interview with me? I am just really concerned that my past will haunt me as I now am a law abiding citizen full time job do volunteer soccer coaching etc...I have references to take with me.

I guess I will just have to see what happens at the interview?

Noorah101

Why wouldn't the lawyer be able to attend the interview with you, if you hire him to do that for you? Or, you could just have a 1 time consultation with an attorney, just to pose your questions to him and see what he thinks your chances are.

You could do that, too, yes.

Rene

Ineedhelpchris

The website states that only the person that is applying can attend the interview?

S Folinsky

A legal consultation is in order. Soon.

S Folinsky

FWIW, allowing attendance of an attorney at an interview is up to the local consulate and sometimes the individual ConOff. I don't know what LND's policy is.

ian-mstm

The website is... well... deliberately misleading.

Ian