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Criminal Record attempting to visit/work/live in USA

Criminal Record attempting to visit/work/live in USA

Old Sep 19th 2018, 11:42 am
  #16  
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Default Re: Criminal Record attempting to visit/work/live in USA

Originally Posted by PupilBarrister View Post
From an immigration stand point, you have to remember that the people that work in immigration are US citizens, who are aware more than anyone that their country imprisons more people for more crime than anywhere else in the world, their jails are full of the worst type of offenders, not that you are, but it gives the mindset and the mentality of just saying "NO" to anyone with other than what would appear on an ACPO file "NO TRACE", even people who apply for citzenship or visas, when it comes back "NO LIVE TRACE" (meaning there was something in the past but not for disclosure" get hauled into intense immigration interviews.

The one thing I would comment, is that you probably would be able to visit the US, according to the latest ESTA questions and comparing them with your declared convictions and actions.
  1. Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases (communicable diseases are specified pursuant to section 361(b) of the Public Health Service Act): Cholera, Diphtheria, Tuberculosis infectious, Plague, Smallpox, Yellow Fever, Viral Hemorrhagic Fevers, including Ebola, Lassa, Marburg, Crimean-Congo, Severe acute respiratory illnesses capable of transmission to other persons and likely to cause mortality.
  2. Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
  3. Have you ever violated any law related to possessing, using, or distributing illegal drugs?
  4. Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide?
  5. Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States?
  6. Are you currently seeking employment in the United States or were you previously employed in the United States without prior permission from the U.S. government?
  7. Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?
  8. Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?
  9. Have you traveled to, or been present in Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen on or after March 1, 2011?
If the criminal damage you spoke of were minor, then question 2 you could answer no to, and by implication if you were unaware or as the vast majority of clients in immigration cases state, they did not understand what CIMT stood for, and therefore you have not misrepresented yourself. You could technically clear all the hurdles of this question.

In relation to the other question you ask of living/working in the US, I have to follow the line of thought being aerated on this subject and say the chances are very slim, HOWEVER, it is refreshing to see you giving more details of the criminal convictions than covering it with mitigation.

It all depends on what you do, I have seen clients who have major offences, but not drug or violent related and as they are doctors, teachers or lawyers they get enough people to cite them references, twist the facts of the offence in their favour and promise to do everything and anything in the community they are planning to live in. One man I know, had planned to build a new school in the area!!!!! that got him in.

In essence, if there is a benefit to the USA and you know who to call to pull the strings so it goes across the right persons desk, if you are prepared to put the effort in, address your offending and speak of a new life, new world, new path, it tends to be good news.

However sadly, if your an average worker, plodding off to that god forsaken cube of a building in vauxhall and really have nothing to say other than sorry and you want a better life, then I am afraid its almost a certain no, which will be recorded and attempting to enter under the radar even with an ESTA will be impossible.

In short, there is always hope, but unless you want to spend months, even years working on trying to get in, you need to prepare yourself for the nearest you will get to Mickey Mouse and friends will be Disneyland Paris.
The part of your post that I have highlighted in bold is very much incorrect. There is simply no way that anyone with the OP's type of offences and pattern of behaviour could "clear all the hurdles of this question" and answer NO to it.
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Old Sep 19th 2018, 12:01 pm
  #17  
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Default Re: Criminal Record attempting to visit/work/live in USA

Originally Posted by PupilBarrister View Post
From an immigration stand point, you have to remember that the people that work in immigration are US citizens, who are aware more than anyone that their country imprisons more people for more crime than anywhere else in the world, their jails are full of the worst t.....
First post, it's a book, and it's wrong. The question is 'Have you EVER been arrested....'

Answering yes will get you an ESTA denial. He is not eligible.
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Old Sep 19th 2018, 12:02 pm
  #18  
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Default Re: Criminal Record attempting to visit/work/live in USA

Like pretty much all immigration law, the devil is in the detail, it is a double negative sentence which can can have wildly different outcomes depending on where you place the emphasis.

Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

With no punctuation, line break or question mark after arrested it would be wholly fair to assume that a layman could (not should) infer that the sentence is a double negative relating to the end subject offences in the same sentence.

If the ESTA wanted to know if you have been arrested for anything, then it should rely on its previous questions in the old style that related the question of moral turpitude in the actual question.

For example the question, have you ever been walking or running for a bus that reached its destination?

The question is not asking if you have ever been walking, without a comma, new sentence or anything else to indicate it is a standalone question, the assumption that you should isolate words, when the isolation can be achieved by english grammer is an argument that does not stand up.
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Old Sep 19th 2018, 12:42 pm
  #19  
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Default Re: Criminal Record attempting to visit/work/live in USA

Both theft and criminal damage will come under the scope of that question - both of which the OP has been tried and convicted of.

It's no wonder that attorneys are roundly disliked on this board. Although at least you qualify your remarks, unlike another well known member.
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Old Sep 19th 2018, 1:07 pm
  #20  
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Default Re: Criminal Record attempting to visit/work/live in USA

Originally Posted by PupilBarrister View Post
From an immigration stand point, you have to remember that the people that work in immigration are US citizens
Certainly in Consulates most are locals.

Otherwise ditto everybody else.
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Old Sep 19th 2018, 2:54 pm
  #21  
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Default Re: Criminal Record attempting to visit/work/live in USA

Despite not agreeing that OP qualifies for an ESTA, and I also do not agree that there is hope for entering the US lawfully any time soon, I do agree with PupilBarrister that this: Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

...is not a sentence that makes a distinction between being arrested at all and being convicted for CIMT. It's a question asking if you've ever been arrested for a suspected CIMT or had a conviction for a CIMT. It would be pretty bloody difficult to get a conviction for something else without actually being arrested in the first place, wouldn't it?! If it was all arrests, the second part of the sentence is redundant as the first part captures all possible outcomes, CIMT or not.

Outside of that, OP certainly has a CIMT on his record for his very first offence, which involves fraud. Pretty clear cut.
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Old Sep 19th 2018, 3:36 pm
  #22  
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Default Re: Criminal Record attempting to visit/work/live in USA

Originally Posted by shiversaint View Post
Despite not agreeing that OP qualifies for an ESTA, and I also do not agree that there is hope for entering the US lawfully any time soon, I do agree with PupilBarrister that this: Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

...is not a sentence that makes a distinction between being arrested at all and being convicted for CIMT. It's a question asking if you've ever been arrested for a suspected CIMT or had a conviction for a CIMT. It would be pretty bloody difficult to get a conviction for something else without actually being arrested in the first place, wouldn't it?! If it was all arrests, the second part of the sentence is redundant as the first part captures all possible outcomes, CIMT or not.

Outside of that, OP certainly has a CIMT on his record for his very first offence, which involves fraud. Pretty clear cut.
I agree. That's how I read it as well. Isn't the question asking if you've been arrested for a crime that resulted in serious damage to property, or serious harm to another person or government authority OR convicted of a crime that resulted in serious damage to property, or serious harm to another person or government authority

I also agree that it seems he has indeed been arrested and convicted of such crimes.
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Old Sep 20th 2018, 12:59 am
  #23  
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Default Re: Criminal Record attempting to visit/work/live in USA

Originally Posted by PupilBarrister View Post
From an immigration stand point, you have to remember that the people that work in immigration are US citizens, who are aware more than anyone that their country imprisons more people for more crime than anywhere else in the world, their jails are full of the worst type of offenders, not that you are, but it gives the mindset and the mentality of just saying "NO" to anyone with other than what would appear on an ACPO file "NO TRACE", even people who apply for citzenship or visas, when it comes back "NO LIVE TRACE" (meaning there was something in the past but not for disclosure" get hauled into intense immigration interviews.

The one thing I would comment, is that you probably would be able to visit the US, according to the latest ESTA questions and comparing them with your declared convictions and actions.
  1. Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases (communicable diseases are specified pursuant to section 361(b) of the Public Health Service Act): Cholera, Diphtheria, Tuberculosis infectious, Plague, Smallpox, Yellow Fever, Viral Hemorrhagic Fevers, including Ebola, Lassa, Marburg, Crimean-Congo, Severe acute respiratory illnesses capable of transmission to other persons and likely to cause mortality.
  2. Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
  3. Have you ever violated any law related to possessing, using, or distributing illegal drugs?
  4. Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide?
  5. Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States?
  6. Are you currently seeking employment in the United States or were you previously employed in the United States without prior permission from the U.S. government?
  7. Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?
  8. Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?
  9. Have you traveled to, or been present in Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen on or after March 1, 2011?
If the criminal damage you spoke of were minor, then question 2 you could answer no to, and by implication if you were unaware or as the vast majority of clients in immigration cases state, they did not understand what CIMT stood for, and therefore you have not misrepresented yourself. You could technically clear all the hurdles of this question.

In relation to the other question you ask of living/working in the US, I have to follow the line of thought being aerated on this subject and say the chances are very slim, HOWEVER, it is refreshing to see you giving more details of the criminal convictions than covering it with mitigation.

It all depends on what you do, I have seen clients who have major offences, but not drug or violent related and as they are doctors, teachers or lawyers they get enough people to cite them references, twist the facts of the offence in their favour and promise to do everything and anything in the community they are planning to live in. One man I know, had planned to build a new school in the area!!!!! that got him in.

In essence, if there is a benefit to the USA and you know who to call to pull the strings so it goes across the right persons desk, if you are prepared to put the effort in, address your offending and speak of a new life, new world, new path, it tends to be good news.

However sadly, if your an average worker, plodding off to that god forsaken cube of a building in vauxhall and really have nothing to say other than sorry and you want a better life, then I am afraid its almost a certain no, which will be recorded and attempting to enter under the radar even with an ESTA will be impossible.

In short, there is always hope, but unless you want to spend months, even years working on trying to get in, you need to prepare yourself for the nearest you will get to Mickey Mouse and friends will be Disneyland Paris.
point 5 is what does it for me - didn’t declare his convictions on previous visits.

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Old Sep 20th 2018, 11:05 am
  #24  
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Default Re: Criminal Record attempting to visit/work/live in USA

Unless the attorney has a track record of challenging interpretation of law, I wouldn't take anything outside the status quo without case law backing it up.
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Old Sep 20th 2018, 10:42 pm
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Default Re: Criminal Record attempting to visit/work/live in USA

Originally Posted by tom169 View Post
Unless the attorney has a track record of challenging interpretation of law, I wouldn't take anything outside the status quo without case law backing it up.
Status quo being what? That all arrests should be declared?
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Old Sep 21st 2018, 1:26 am
  #26  
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Default Re: Criminal Record attempting to visit/work/live in USA

Originally Posted by shiversaint View Post
Status quo being what? That all arrests should be declared?
Of course
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Old Sep 21st 2018, 1:50 pm
  #27  
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Default Re: Criminal Record attempting to visit/work/live in USA

I agree with, tom169. Even a simple shoplifting conviction can be viewed as a CMIT and is a deportable offense.
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Old Sep 21st 2018, 2:40 pm
  #28  
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Default Re: Criminal Record attempting to visit/work/live in USA

Shoplifting is a type of theft.
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Old Sep 21st 2018, 3:47 pm
  #29  
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Default Re: Criminal Record attempting to visit/work/live in USA

Really? I'm sure that the world doesn't think this at all? Who knew!
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Old Sep 21st 2018, 4:30 pm
  #30  
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Default Re: Criminal Record attempting to visit/work/live in USA

Originally Posted by tom169 View Post
Of course
So the status quo defies established grammatical rules of the english language, and the first half would make the second half entirely redundant? Remarkable.
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