Radius

If you know anything about the following matter, please reply to this
message. I DON'T HAVE MUCH TIME, and am greatly worried.

I'm in the proces of Direct Consular Filing at the Consulate in
Amsterdam (I'm Dutch), and my appointment date is fast approaching.
I'm married to a US citizen, and wanting to come to the US on a
immigrant visa. Now the problem: When I was around 14 or 15 years old
(so under-aged) I had to appear before a children's judge because of
an unlawful breaking into a local school building. I had, quite
frankly, completely forgot about it, but when I was filling in the
DS-230 part II, I came across the question: "Have you ever been
charged, arrested or convicted of any offense or crime?" I imagine
this also applies to me and my youthful mistake, and I should check
"YES" to that question?

It wouldn't be that distressing were it just that. But when I was
researching about it on the internet, I found out there is a question
on the i-94 visa waiver that you fill in on the plane when entering
the US, that asks about "crimes of moral turpitude", and I checked
"NO" every time, not even thinking about that under-aged offence (I
forgot about it until now!), which I had always considered something
of no interest, as it doesn't leave a record anyway, because you're
just a child then. But... I got it confirmed that the Court saves a
record (even of juvenile cases!) of every case for 20 years. So
although I don't have a criminal record, there is court documentation
to which the Consulate has access.

Anyway, the problem is: on the i-94 visa waiver I answered "NO" to
"crimes of moral turpitude?", but on the DS-230 II, I will answer
"YES", since I now understand this to refer also to that event in the
past, whereas on the i-94 it truly did not occur to me.

Can anyone help me please? I don't know what to do now. How do these
things work? Does the Consulate decide? Does the INS? I am very
worried about not getting any visa or anything.

PLEASE HELP!

Thank you

thing1

i could be wrong, but I don't think you should answer "yes" considering you were underage.

I'm sure there is someone more qualified than me to answer that.

I suppose if it was a murder conviction, THEN you might want to answer "yes."

There was a question recently similar to this but I can't remember the title of the thread. If I find it I will post it.

candiceezznagui

I am no expert and I haven't gone through this...BUT

From what I have seen and heard it is from age 16 on. Transgressions from before age 16 DO NOT count.

The police certificates you have to obtain are from any place you have lived from age 16 and on.

If you do check yes...you can write out a very detailed letter explaining that it was from you were 14 years old. And you are just trying to be honest.

Also this kind of thing, from my understanding is NOT going to keep you from getting a Visa due to the fact it was a childhood offence.

If I am wrong please someone correct me. Even in America acts you commited before age 16 (unless you were tried as and adult) are NOT counted against your record. Yes the court keeps records BUT they are sealed since it was a juvinile offence. So the records are probally sealed. The consul look at police records and then if there is a hit proballyh go on and look at court records. But your record (with police) would have been expungend since it was before you were 16, and the court records sealed.

Also your offence is not a major crime ie rape, murder, armed robbery, extorsion, etc...... So I really do not see HOW it would prevent you from obtaining a visa.

Good luck!
Candice

Dhart

Hi I posted two good links for you as replies to your previous posts, and I
don't want you to miss them because they look encouraging.
http://k1.exit.com/crimeslaw.html
http://www.danjoyceimmigrationlaw.com/waivers.html

Juvenile crimes don't count.
However I would still mention it if I were you, because the BCIS people
don't like the appearance of trying to cover something up. When you mention
them highlight the fact that you were a juvenile, because it's important
they notice that.

On the I-94 I'm not sure. Gut instinct says "no" was the right answer, but
you really don't want to ever give the impression you are trying to "hide"
anything. At this point I would phone the consulate and ask whether you
gave the wrong answer under the circumstances and, if so, what specific
steps you should take to correct the blunder, if necessary. They LOVE to
see you falling over yourself to be honest!!! Good luck and I'm pretty
sure it will all be ok.



"Radius" wrote in message
news:[email protected]...
    > If you know anything about the following matter, please reply to this
    > message. I DON'T HAVE MUCH TIME, and am greatly worried.
    > I'm in the proces of Direct Consular Filing at the Consulate in
    > Amsterdam (I'm Dutch), and my appointment date is fast approaching.
    > I'm married to a US citizen, and wanting to come to the US on a
    > immigrant visa. Now the problem: When I was around 14 or 15 years old
    > (so under-aged) I had to appear before a children's judge because of
    > an unlawful breaking into a local school building. I had, quite
    > frankly, completely forgot about it, but when I was filling in the
    > DS-230 part II, I came across the question: "Have you ever been
    > charged, arrested or convicted of any offense or crime?" I imagine
    > this also applies to me and my youthful mistake, and I should check
    > "YES" to that question?
    > It wouldn't be that distressing were it just that. But when I was
    > researching about it on the internet, I found out there is a question
    > on the i-94 visa waiver that you fill in on the plane when entering
    > the US, that asks about "crimes of moral turpitude", and I checked
    > "NO" every time, not even thinking about that under-aged offence (I
    > forgot about it until now!), which I had always considered something
    > of no interest, as it doesn't leave a record anyway, because you're
    > just a child then. But... I got it confirmed that the Court saves a
    > record (even of juvenile cases!) of every case for 20 years. So
    > although I don't have a criminal record, there is court documentation
    > to which the Consulate has access.
    > Anyway, the problem is: on the i-94 visa waiver I answered "NO" to
    > "crimes of moral turpitude?", but on the DS-230 II, I will answer
    > "YES", since I now understand this to refer also to that event in the
    > past, whereas on the i-94 it truly did not occur to me.
    > Can anyone help me please? I don't know what to do now. How do these
    > things work? Does the Consulate decide? Does the INS? I am very
    > worried about not getting any visa or anything.
    > PLEASE HELP!
    > Thank you

Radius

Thank you for all the replies so far.

Indeed the fact that I was under age will be a softening factor, and
that's good. The only real worry I have is that I did not answer "yes"
to crimes of moral turpitude on the I-94. As mentioned, I didn't
understand it to mean all this. I saw it as something from childhood.
(Being 15 15 years ago is definetely also different than being 15
today!)

I will certainly inform the Consulate in Amsterdam of everything, in
the hope that they will see my sincerity in doing what is right.

If the I-94 will be a problem, how will that manifest? At the
Consulate? Or at POE through the INS? Or before? I'm not sure of how
the process works.

Thank you very much again