whereismymind

Hi All,

Hope you're all well.

I have my initial interview for my Green Card (EB1) scheduled next month and had a question based on my Criminal Convictions, which I've posted on in the past. Up to this point I've been able to travel to and work in the US without an issue (O1, J1 etc.) but am aware that the level of scrutiny will likely heighten as this is my first Permanent Residence application.

I have a conviction from when I was 17, for a number of charges (10), and was tried in the Magistrates Court, without a jury and given a conditional discharge and a fine. I believe they would all be considered misdemeanors if they had occurred in the US and some (use of inappropriate language may not be chargeable over here). I've not been in any trouble since (now 19 years) and have had my record stepped down in the UK (no live trace). From what I've read convictions for juveniles are considered up to 5 years in the past, but I'm aware that they will treat each person as an individual case.

I have always declared these records with the US when looking to secure a Visa and will take full details to my interview. Does anyone have:
- any experience with the current climate?
- advice as to best way to prepare?
- any thoughts as to the chance of success (based on this aspect solely!).

Thanks in advance for any replies!

civilservant

You might do well to list the convictions that you have,

scrubbedexpat099

I am not aware of any recent changes, so not sure what you mean by current climate. I am going to assume they were not that bad as no mention of needing a waiver.

S Folinsky

i am now retired from practice of US immigration law (other than part time volunteer in a legal aid clinic).

You have posed what I would call an excellent law school exam question for a class in immigration law. And the nature of law school exam questions is “issue spotting.” And this can create an issue tree. Note that the ultimate answer is not really tested.

So, I don’t know the answer but I see the path to getting to the answer. A legal consultation might be in order. I have nothing against DIY, but there are questions and issues for which DIY is not suited.

As a final note, where did you read the five year rule on effect of convictions. There is a five year rule Re convictions, but it is not applicable here.

lansbury

If you want useful answers, apart from Mr Fs, the sentence I've quoted doesn't make sense. No magistrate court has a jury.

Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000 and R v Patel [2006] EWCA Crim 2689 the conditional discharge does not constitute a conviction unless the individual breaches the conditional discharge and is resentenced. You can't be given a Con Dis and a fine for the same offense unless you failed to comply with the original sentence. The US rules on Conditional Discharge are very similar, but do vary State to State.

As there were 10 offenses I'm guessing you were fined on some and got a Con Dis on others. Not wishing to pry into your private affairs but if you want help it would be useful for those trying to do so to know what the offenses were, and the result of each.

If Mr F says this is a matter for which DIY is not suited, take note and get professional advice.

whereismymind

Hey All,

Thanks for all the replies - much appreciated. Responses below:

civilservant there were 10 x common assault and 2 x racially threatening abusive or insulting words or behaviour to cause fear or provocation of violence
Boiler - thanks for your comment - you are correct - for my B1/B2 Visa, J1 and O1 visa I did not need a waiver and received no ineligibilities on my Visas
S Folinsky Thanks and noted - I will do so!
lansbury - I am looking at the Memorandums of Conviction from the Magistrates courts and I believe the payment was for compensation (on 7 of the offenses), not a fine, alongside the conditional discharge, appreciate the heads up. Again, will get a consultation.

Cheers

civilservant

Common assault is not a CIMT. Even if it where upgraded to the US equivalent of aggravated assault (due to the racial charges too) I don't think you'll have a problem, just have all the paperwork and hand and be prepared to be as open and contrite as possible.