my criminal past
Jan 7th 2004, 12:07 am
#31
Guest
Posts: n/a
Re: my criminal past
michael of elth wrote:
> Originally posted by soulsender
>
>
>>Where exactly is this person judging? This is happening too often. The
>>regulars here are reading way too much between the lines of someones
>>post. Where is this person showing they are upset? Sounds to me (and
>>maybe it is just me) that they are just simply giving more information
>>about thier case and thier own opinion on themselves.
>
>
>
>
>
>
> all i want to try and understand when do we get a chance to be with the
> ones we love our past is our past i have never mugged raped or harmed a
> woman and all i want is to be with the woman i love and who showed me
> love is that so wrong thanks to u all be safe
>
No, but you have convictions for crimes in 3 different years.
How many crimes were you not convicted of.
Yes, you weren't comvicted harming a woman, but I guess it is ok to harm
men, huh... Do you get special merit for only victimizing males?
No "I"m sorry and regret it", just a "well, at least I didn't harm any
women".
> Originally posted by soulsender
>
>
>>Where exactly is this person judging? This is happening too often. The
>>regulars here are reading way too much between the lines of someones
>>post. Where is this person showing they are upset? Sounds to me (and
>>maybe it is just me) that they are just simply giving more information
>>about thier case and thier own opinion on themselves.
>
>
>
>
>
>
> all i want to try and understand when do we get a chance to be with the
> ones we love our past is our past i have never mugged raped or harmed a
> woman and all i want is to be with the woman i love and who showed me
> love is that so wrong thanks to u all be safe
>
No, but you have convictions for crimes in 3 different years.
How many crimes were you not convicted of.
Yes, you weren't comvicted harming a woman, but I guess it is ok to harm
men, huh... Do you get special merit for only victimizing males?
No "I"m sorry and regret it", just a "well, at least I didn't harm any
women".
Jan 7th 2004, 12:27 am
#32
WTF?
Joined: Aug 2003
Location: Homeostasis
Posts: 79,367
Re: my criminal past
Originally posted by Mrraveltay
Did you report the offenses when entering under VWP?
Did you report the offenses when entering under VWP?
Are you required to? I mean why would he just burst out with something like that?
Jan 7th 2004, 12:30 am
#33
WTF?
Joined: Aug 2003
Location: Homeostasis
Posts: 79,367
Re: my criminal past
Originally posted by Mrraveltay
No, but you have convictions for crimes in 3 different years.
How many crimes were you not convicted of.
Yes, you weren't comvicted harming a woman, but I guess it is ok to harm
men, huh... Do you get special merit for only victimizing males?
No "I"m sorry and regret it", just a "well, at least I didn't harm any
women".
No, but you have convictions for crimes in 3 different years.
How many crimes were you not convicted of.
Yes, you weren't comvicted harming a woman, but I guess it is ok to harm
men, huh... Do you get special merit for only victimizing males?
No "I"m sorry and regret it", just a "well, at least I didn't harm any
women".
Well actually that kinda works for me. I have noticed that a lot of men that abuse women, are not so quick to fight other men. I'm not applauding his past behavior, but I would be a lot less friendly if he had say...... Spousal battery or some such thing on his record. Really, there are degrees of right and wrong, whether we like it or not.
Jan 7th 2004, 12:36 am
#34
Guest
Posts: n/a
Re: my criminal past
Leslie66 wrote:
> Originally posted by Mrraveltay
>
>>Did you report the offenses when entering under VWP?
>
> Are you required to? I mean why would he just burst out with something
> like that?
>
VWP has certain restrictions and certain criminal actions make you
ineligble to enter under VWP. So, it sounds like he might have been
entering under VWP illegally.
From http://travel.state.gov/vwp.html#8
When Does a Citizen of a VWP Country Need to Apply for a Visa?
You must apply for a visa under the following circumstances, if you:
* want to work or study in the United States; or
* have been refused a visa before; or
* have a criminal record; or
* are ineligible for a visa. See Classes of Aliens Ineligible for
Visas.
> Originally posted by Mrraveltay
>
>>Did you report the offenses when entering under VWP?
>
> Are you required to? I mean why would he just burst out with something
> like that?
>
VWP has certain restrictions and certain criminal actions make you
ineligble to enter under VWP. So, it sounds like he might have been
entering under VWP illegally.
From http://travel.state.gov/vwp.html#8
When Does a Citizen of a VWP Country Need to Apply for a Visa?
You must apply for a visa under the following circumstances, if you:
* want to work or study in the United States; or
* have been refused a visa before; or
* have a criminal record; or
* are ineligible for a visa. See Classes of Aliens Ineligible for
Visas.
Jan 7th 2004, 1:50 am
#35
Guest
Posts: n/a
Re: my criminal past
Folinskyinla wrote:
> Also, it is also the TYPE of crime that counts -- not all offenses
> lead to inadmissiblity. For example, grand theft auto is a CIMT
I thought it was a PS2 game! :-)
> and bars admissiblity, while "joy riding" [a species of temporary
> theft] is NOT a CIMT. On the removal end of things though, "joy
> riding" is a "theft crime" and therefore an "aggravated felony" and
> gets you deported with no waiver available. You are better off BEFORE
> getting the green card. Go figure.
I've heard it's not as simple as that. That it depends on the state law
regarding joyriding and you need to determine if the intend was to
deprive the owner of the car or just "borrow". I've also heard this in
the context of removal proceedings I think but I don't have a reference
handy. However your the lawyer not I so perhaps I just heard wrong.
--
Why does your gynecologist leave the room when you get undressed?
> Also, it is also the TYPE of crime that counts -- not all offenses
> lead to inadmissiblity. For example, grand theft auto is a CIMT
I thought it was a PS2 game! :-)
> and bars admissiblity, while "joy riding" [a species of temporary
> theft] is NOT a CIMT. On the removal end of things though, "joy
> riding" is a "theft crime" and therefore an "aggravated felony" and
> gets you deported with no waiver available. You are better off BEFORE
> getting the green card. Go figure.
I've heard it's not as simple as that. That it depends on the state law
regarding joyriding and you need to determine if the intend was to
deprive the owner of the car or just "borrow". I've also heard this in
the context of removal proceedings I think but I don't have a reference
handy. However your the lawyer not I so perhaps I just heard wrong.
--
Why does your gynecologist leave the room when you get undressed?
Jan 7th 2004, 9:36 am
#36
Forum Regular
Thread Starter
Joined: Sep 2003
Posts: 64
Re: my criminal past
Originally posted by Leslie66
Are you required to? I mean why would he just burst out with something like that?
Are you required to? I mean why would he just burst out with something like that?
Jan 7th 2004, 9:51 am
#37
C.G.D.S
Joined: Nov 2003
Location: Ireland--->London--->Spain--->Rockport, MA
Posts: 3,353
Re: my criminal past
Originally posted by michael of elth
the vilonce was used to protect my self not just to get a kick i have never hurt anyone before this or after this when your in a corner you have to survive and i used hands not weapon's and i feel 27 years is a long time ago
the vilonce was used to protect my self not just to get a kick i have never hurt anyone before this or after this when your in a corner you have to survive and i used hands not weapon's and i feel 27 years is a long time ago
Is there any way your fiance could move to the UK instead of you going to the US? It might be simpler and cheaper all round.
Jan 7th 2004, 9:58 am
#38
Forum Regular
Thread Starter
Joined: Sep 2003
Posts: 64
Re: my criminal past
Originally posted by sibsie
How long ago was your drink drive conviction? You should probably mention that as well when you talk to a lawyer about a waiver.
Is there any way your fiance could move to the UK instead of you going to the US? It might be simpler and cheaper all round.
How long ago was your drink drive conviction? You should probably mention that as well when you talk to a lawyer about a waiver.
Is there any way your fiance could move to the UK instead of you going to the US? It might be simpler and cheaper all round.
Jan 7th 2004, 10:07 am
#39
C.G.D.S
Joined: Nov 2003
Location: Ireland--->London--->Spain--->Rockport, MA
Posts: 3,353
Re: my criminal past
Originally posted by michael of elth
she would if she had to but usa should make there laws clearer i told officails at boston i had drink drive 13 years ago no problemm its not criminal offence unless you hurt some one and does not show on police report my convictions are years old i have never done prison time so inn courts eyes i was not a danger to public thanks
she would if she had to but usa should make there laws clearer i told officails at boston i had drink drive 13 years ago no problemm its not criminal offence unless you hurt some one and does not show on police report my convictions are years old i have never done prison time so inn courts eyes i was not a danger to public thanks
You can apply for your police cert by going along to your local police station. They'll give you a form to fill in. You complete it and give ID showing your name, address and date of birth, along with a £10 fee and they'll send it back to you within 40 days.
Are the burglaries and theft separate convictions? Burglary is an offence on it's own under section 9-1(b) and theft is another offence under section 9-1(a) of the theft act. It's not referred to as "burglary and theft" as one single crime. So I think you need your report to find out exactly how many convictions you have on your report.
Jan 7th 2004, 10:22 am
#40
Forum Regular
Thread Starter
Joined: Sep 2003
Posts: 64
Re: my criminal past
Originally posted by sibsie
If it were me and I've got no expertise whatsoever in dealing with waviers I'd be tempted to apply for my police certificate now and take it along to a competent immigration lawyer to see what, if anything can be done. I'd be really upfront with the lawyer and tell him everything.
You can apply for your police cert by going along to your local police station. They'll give you a form to fill in. You complete it and give ID showing your name, address and date of birth, along with a £10 fee and they'll send it back to you within 40 days.
Are the burglaries and theft separate convictions? Burglary is an offence on it's own under section 9-1(b) and theft is another offence under section 9-1(a) of the theft act. It's not referred to as "burglary and theft" as one single crime. So I think you need your report to find out exactly how many convictions you have on your report.
If it were me and I've got no expertise whatsoever in dealing with waviers I'd be tempted to apply for my police certificate now and take it along to a competent immigration lawyer to see what, if anything can be done. I'd be really upfront with the lawyer and tell him everything.
You can apply for your police cert by going along to your local police station. They'll give you a form to fill in. You complete it and give ID showing your name, address and date of birth, along with a £10 fee and they'll send it back to you within 40 days.
Are the burglaries and theft separate convictions? Burglary is an offence on it's own under section 9-1(b) and theft is another offence under section 9-1(a) of the theft act. It's not referred to as "burglary and theft" as one single crime. So I think you need your report to find out exactly how many convictions you have on your report.
and most it say's is five years so a waiver is still a visa ands the way i see it all my crimes where over 5 years old and with no prison convictions of any sort i am glad i got to see usa and meet some very nice people i mean if a personn is willing bto give me a start so i will not bew aburden on usa why can't they put me on a trial base's
i have never overstayed
Jan 7th 2004, 11:36 am
#41
Charlie Tuna
Joined: Jun 2003
Location: Sacramento, Ca
Posts: 1,387
Re: my criminal past
I'm going for 'devils advocate' here.
Firstly I'm curious, if as you say the actual bodily harm resulted from self defence, how can that be?
Normally, if someone is attacked without provocation you would be classed as a victim and not be prosecuted for ABH unless you were deemed to use excessive force. The fact that you were prosecuted doesn't suggest you were an innocent victim, and thats how the consulate will view it. They are not interested in the minor details of the case, just the very fact you were tried and convicted.
It may have a small bearing, the fact that you received no custodial sentence, but they actually take into consideration the possible maximum sentence for each crime, not what you actually received.
If you were a juvenille when this happened then it will be looked at differently (under 18 years of age).
If they are still on your police report they WILL question you as far as not disclosing them when you used the VWP.
It may seem unfair that the events happened so long ago and you feel that the USA are not giving you a chance: the fact is that the same rules are in place for everyone, this is not personally aimed at you. The offences were committed and as long as they are present on your police report you will have to accept that they will tarnish you.
They do forgive and offer you the possibility to show you have changed and have stronger character, in the shape of an I601 waiver.
Finally, you say these events occurred over 20 years ago (or did I just mis-understand). Certain countries adopt a 'weeding programme' on police reports, which removes spent convictions after a specified amount of time. I know that in the UK, if you have 3 or more offences that are spent, they are removed after 20 years unless they are deemed 'serious', in which case they stay on your record for life.
You have been advised to seek professional advice and I would definitely say that is the way to go. There are many good immigration lawyers out there that will know how best to handle this situation.
Good luck.
Firstly I'm curious, if as you say the actual bodily harm resulted from self defence, how can that be?
Normally, if someone is attacked without provocation you would be classed as a victim and not be prosecuted for ABH unless you were deemed to use excessive force. The fact that you were prosecuted doesn't suggest you were an innocent victim, and thats how the consulate will view it. They are not interested in the minor details of the case, just the very fact you were tried and convicted.
It may have a small bearing, the fact that you received no custodial sentence, but they actually take into consideration the possible maximum sentence for each crime, not what you actually received.
If you were a juvenille when this happened then it will be looked at differently (under 18 years of age).
If they are still on your police report they WILL question you as far as not disclosing them when you used the VWP.
It may seem unfair that the events happened so long ago and you feel that the USA are not giving you a chance: the fact is that the same rules are in place for everyone, this is not personally aimed at you. The offences were committed and as long as they are present on your police report you will have to accept that they will tarnish you.
They do forgive and offer you the possibility to show you have changed and have stronger character, in the shape of an I601 waiver.
Finally, you say these events occurred over 20 years ago (or did I just mis-understand). Certain countries adopt a 'weeding programme' on police reports, which removes spent convictions after a specified amount of time. I know that in the UK, if you have 3 or more offences that are spent, they are removed after 20 years unless they are deemed 'serious', in which case they stay on your record for life.
You have been advised to seek professional advice and I would definitely say that is the way to go. There are many good immigration lawyers out there that will know how best to handle this situation.
Good luck.
Jan 7th 2004, 11:53 am
#42
Forum Regular
Thread Starter
Joined: Sep 2003
Posts: 64
Re: my criminal past
Originally posted by CharlieS
I'm going for 'devils advocate' here.
Firstly I'm curious, if as you say the actual bodily harm resulted from self defence, how can that be?
Normally, if someone is attacked without provocation you would be classed as a victim and not be prosecuted for ABH unless you were deemed to use excessive force. The fact that you were prosecuted doesn't suggest you were an innocent victim, and thats how the consulate will view it. They are not interested in the minor details of the case, just the very fact you were tried and convicted.
It may have a small bearing, the fact that you received no custodial sentence, but they actually take into consideration the possible maximum sentence for each crime, not what you actually received.
If you were a juvenille when this happened then it will be looked at differently (under 18 years of age).
If they are still on your police report they WILL question you as far as not disclosing them when you used the VWP. well american immergration law is not vgery clear on anything it says on waiver form any grimnal record or mutiple convictions where there was a prison sentence of 5 years i never did one year not one day and yes in used vilonce but people can be provoked
It may seem unfair that the events happened so long ago and you feel that the USA are not giving you a chance: the fact is that the same rules are in place for everyone, this is not personally aimed at you. The offences were committed and as long as they are present on your police report you will have to accept that they will tarnish you.
They do forgive and offer you the possibility to show you have changed and have stronger character, in the shape of an I601 waiver.
Finally, you say these events occurred over 20 years ago (or did I just mis-understand). Certain countries adopt a 'weeding programme' on police reports, which removes spent convictions after a specified amount of time. I know that in the UK, if you have 3 or more offences that are spent, they are removed after 20 years unless they are deemed 'serious', in which case they stay on your record for life.
You have been advised to seek professional advice and I would definitely say that is the way to go. There are many good immigration lawyers out there that will know how best to handle this situation.
Good luck.
I'm going for 'devils advocate' here.
Firstly I'm curious, if as you say the actual bodily harm resulted from self defence, how can that be?
Normally, if someone is attacked without provocation you would be classed as a victim and not be prosecuted for ABH unless you were deemed to use excessive force. The fact that you were prosecuted doesn't suggest you were an innocent victim, and thats how the consulate will view it. They are not interested in the minor details of the case, just the very fact you were tried and convicted.
It may have a small bearing, the fact that you received no custodial sentence, but they actually take into consideration the possible maximum sentence for each crime, not what you actually received.
If you were a juvenille when this happened then it will be looked at differently (under 18 years of age).
If they are still on your police report they WILL question you as far as not disclosing them when you used the VWP. well american immergration law is not vgery clear on anything it says on waiver form any grimnal record or mutiple convictions where there was a prison sentence of 5 years i never did one year not one day and yes in used vilonce but people can be provoked
It may seem unfair that the events happened so long ago and you feel that the USA are not giving you a chance: the fact is that the same rules are in place for everyone, this is not personally aimed at you. The offences were committed and as long as they are present on your police report you will have to accept that they will tarnish you.
They do forgive and offer you the possibility to show you have changed and have stronger character, in the shape of an I601 waiver.
Finally, you say these events occurred over 20 years ago (or did I just mis-understand). Certain countries adopt a 'weeding programme' on police reports, which removes spent convictions after a specified amount of time. I know that in the UK, if you have 3 or more offences that are spent, they are removed after 20 years unless they are deemed 'serious', in which case they stay on your record for life.
You have been advised to seek professional advice and I would definitely say that is the way to go. There are many good immigration lawyers out there that will know how best to handle this situation.
Good luck.
Jan 7th 2004, 1:46 pm
#43
Joined: Mar 2003
Posts: 68,280
Re: my criminal past
Originally posted by michael of elth
all i want to try and understand when do we get a chance to be with the ones we love our past is our past i have never mugged raped or harmed a woman and all i want is to be with the woman i love and who showed me love is that so wrong thanks to u all be safe
all i want to try and understand when do we get a chance to be with the ones we love our past is our past i have never mugged raped or harmed a woman and all i want is to be with the woman i love and who showed me love is that so wrong thanks to u all be safe
It was a long time you say, but I bet the people who lives you affected still remember it well.
Jan 7th 2004, 2:34 pm
#44
Just Joined
Joined: Feb 2003
Posts: 5
Re: my criminal past
Originally posted by michael of elth
i have got my police report already and the facts are i have 5 in all convictions i told boston when i arrived about drink drive they let me through in elegabilty it just state's crimes and how long before a visa can be applied for
and most it say's is five years so a waiver is still a visa ands the way i see it all my crimes where over 5 years old and with no prison convictions of any sort i am glad i got to see usa and meet some very nice people i mean if a personn is willing bto give me a start so i will not bew aburden on usa why can't they put me on a trial base's
i have never overstayed
i have got my police report already and the facts are i have 5 in all convictions i told boston when i arrived about drink drive they let me through in elegabilty it just state's crimes and how long before a visa can be applied for
and most it say's is five years so a waiver is still a visa ands the way i see it all my crimes where over 5 years old and with no prison convictions of any sort i am glad i got to see usa and meet some very nice people i mean if a personn is willing bto give me a start so i will not bew aburden on usa why can't they put me on a trial base's
i have never overstayed
Part of the process requires you to explain on paper each conviction. When it happened, the details of the cinvictions, and the results. They are crimes of moral turpitude. It does not matter that they occurred years ago. They will require you to file a waiver form I601 in which you and your wife (fiance) will have to prove extreme hardship if you could not live in the the United States together. Being separated from each other is not enough.
One reason would be taking care of a very sick parent, another your children live here and your ex would never allow them to move....etc. You have to prove extreme hardship to the USA citizen.
It's not easy but it can and has been done...myself included.
The 601 took another six months to be approved.
Good Luck,
Joyce
Jan 7th 2004, 2:38 pm
#45
Forum Regular
Thread Starter
Joined: Sep 2003
Posts: 64
Re: my criminal past
Originally posted by JoyceM
Part of the process requires you to explain on paper each conviction. When it happened, the details of the cinvictions, and the results. They are crimes of moral turpitude. It does not matter that they occurred years ago. They will require you to file a waiver form I601 in which you and your wife (fiance) will have to prove extreme hardship if you could not live in the the United States together. Being separated from each other is not enough.
One reason would be taking care of a very sick parent, another your children live here and your ex would never allow them to move....etc. You have to prove extreme hardship to the USA citizen.
It's not easy but it can and has been done...myself included.
The 601 took another six months to be approved.
Good Luck,
Joyce
Part of the process requires you to explain on paper each conviction. When it happened, the details of the cinvictions, and the results. They are crimes of moral turpitude. It does not matter that they occurred years ago. They will require you to file a waiver form I601 in which you and your wife (fiance) will have to prove extreme hardship if you could not live in the the United States together. Being separated from each other is not enough.
One reason would be taking care of a very sick parent, another your children live here and your ex would never allow them to move....etc. You have to prove extreme hardship to the USA citizen.
It's not easy but it can and has been done...myself included.
The 601 took another six months to be approved.
Good Luck,
Joyce