Jezibella

Ok, so I've got few questions. (again!)

Right, well here's the story, my petition for my husband was filed on March 18th, 2009. I then received a letter saying they needed commingling assets and some affidavits. All done, about to send off.

When does he need his police certificate? I remember reading that it's needed for the 2nd step.
My husband is worried since he hasn't declared it, but I assured him it was never mentioned in the 1st process, which was just the petition and biometric stuff.


His police record:
2 arrests-
17yrs old - reprimand for old abstracting electricity (for turning on the T.V. after hours in a school, didn't break in, just hid in the bathroom until it was locked. This was all the police good pin him on. So, he received a reprimand (verbal warning.)

19 yrs old - assault (it was self-defense when a drunk man took a swing at his face. Punch or be punched.) He received a caution.


Also, he has visited the US several times and never declared that he was arrested, believing that he had not been arrested nor convicted for an offense involving moral turpitude.

Is this a major boo-boo? On the visa waiver>http://www.seisdeagosto.com/indica/wp-content/uploads/2008/04/visa-waiver.gif I think he does not fall under the category of "moral turpitude or controlled substances." So I think he's ok.

Should we just go ahead and so pay for a consultation with an attorney?

agentpeppermint

Just get the police certificate and see if either of those charges are on there, I believe a caution is not a conviction and the one at 17 yrs is as a minor.

If they are on the police certificate then the one at 19 should so state it was only a caution.

We filed in july 08 and james got his PC back in Agust of 08 and had his interview in March 09 and it sufficed, he had cautions as a minor which did not show up on his PC.

if the PC is free and clear then theres nothing to worry about. as far as coming to the US and declaring he was arrested for those two crimes.... was he asked at the POE and flat out lied? or was he not asked as all?

jeffreyhy

J,

Always a good idea, I believe, as long as one does some due dilligence in selecting the attorney.

Regards, JEff

crg

I don't see any complications with the 17yr old offense, or the assault. Simple assault is not a CIMT and the juvenile offense doesn't count even if it is considered theft. Since it's not a material fact, the prior travel shouldn't be an issue either.

Jezibella

Does anybody know if they tell you on the day of your interview that it's been approved or denied? I know that the visa takes up to 5 days processing, but I'm just wondering if they tell you.... otherwise that would be the longest 5 days...

Noorah101

If you are clearly approvable, they tell you you're approved; they keep your passport, and send you back the passport with visa inside within a week or so.

If you are clearly not approvable, they tell you you're not approved. If there is a waiver available for the denial, they give you the denial code and tell you to get a waiver.

If you are clearly not approvable, and there is no waiver for your denial, they tell you that you're denied, and put the denial code in your passport.

If you are lacking any evidence or information, but are otherwise approvable, the officer tells you what he needs, and gives you time to return it to the embassy, and then proceeds with your approval.

Rene

jeffreyhy

Likewise if you are not clearly approvable, which is not the same thing as clearly not approvable. (Or, the officer may put you into 'administrative processing' to sort out whether or not you are approvable.)

Cheers, JEff