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A Offense or Not an Offense....that is the question

A Offense or Not an Offense....that is the question

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Old Jun 24th 2002, 2:20 am
  #1  
Cliveyandsheshe
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Default A Offense or Not an Offense....that is the question

Okay on one of my fiances forms(DS- 0156) it ask the question Have you ever been
arrested or convicted of any offense or crime, even though subject of a
pardon,amnesty or other similar legal actions?

He has gotten a motoring offense in the U.K. for riding someone on the back of his
motorcycle without a helmet. So I would imagine he would tick yes....but....

on the next line which goes along with the same tick box it says..

Have you ever unlawfully distributed or sold a controlled substance (drug), or been a
prostitute or procurer for prostitutes?

Which of course he has not, but by ticking yes for the first one and no way to
explain on that form it seems like it may be talking about harder crimes but it does
say any offense...What do? Tick yes? Will they ask him about it or let him explain it
at the interview? On one of the other forms (DS-0230)it does ask for an explantion
but not on this one(DS-0156)...will they be together so that it will be clear on what
his offense was?

Thanks for any input on this matter Sheila
 
Old Jun 24th 2002, 3:20 am
  #2  
Dabear?
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Default Re: A Offense or Not an Offense....that is the question

was this a criminal offense that he was charged with. You can get a pardon for a
criminal offense. I don't think a traffic violation would be considered that.

CliveyAndSheShe wrote:

    > Okay on one of my fiances forms(DS- 0156) it ask the question Have you ever been
    > arrested or convicted of any offense or crime, even though subject of a
    > pardon,amnesty or other similar legal actions?
    >
    > He has gotten a motoring offense in the U.K. for riding someone on the back of his
    > motorcycle without a helmet. So I would imagine he would tick yes....but....
    >
    > on the next line which goes along with the same tick box it says..
    >
    > Have you ever unlawfully distributed or sold a controlled substance (drug), or been
    > a prostitute or procurer for prostitutes?
    >
    > Which of course he has not, but by ticking yes for the first one and no way to
    > explain on that form it seems like it may be talking about harder crimes but it
    > does say any offense...What do? Tick yes? Will they ask him about it or let him
    > explain it at the interview? On one of the other forms (DS-0230)it does ask for an
    > explantion but not on this one(DS-0156)...will they be together so that it will be
    > clear on what his offense was?
    >
    > Thanks for any input on this matter Sheila
 
Old Jun 24th 2002, 3:20 am
  #3  
Simon Jessey
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Posts: n/a
Default Re: A Offense or Not an Offense....that is the question

<<He has gotten a motoring offense in the U.K. for riding someone on the back of his
motorcycle without a helmet.>>

In the UK, such an offence is called a Civil Offence, not a Criminal Offence.
Therefore, you should be able to tick the "no" box. A quick call to a UK police
station will to confirm this is wise.

Simon Jessey

See my timeline and get K1 / AOS info at my website:- http://jessey.net/visa
 
Old Jun 25th 2002, 12:20 am
  #4  
Lisa & Erik
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Posts: n/a
Default Re: A Offense or Not an Offense....that is the question

This particular scenario was an issue for our AOS. Similar situation, civil offense,
an arrest did occur but no jail or anything. The ambiguity of that particular
question lead us to believe they were inquiring about crimes of moral turpitude. Come
to find out, they were interested in any offense of any kind.

Erik had marked no on the I485 and when quizzed in the interview of course he
answered yes as the interviewer wasn't ambiguous about the question. He simply asked
Erik if he'd ever been arrested. The big red pen came out and he marked all over our
form. We did pass, but were quite jumpy with this delightful little episode.

They'll have the police clearance, they will already know of any crimes committed.
It's a lie tester as far as I can tell so if an arrest occured with your fiance,
answer yes on the form. No arrest, tick no.

Good luck, Lisa

"Simon Jessey" <[email protected]> wrote in message
news:[email protected]...
    > <<He has gotten a motoring offense in the U.K. for riding someone on the
back
    > of his motorcycle without a helmet.>>
    >
    > In the UK, such an offence is called a Civil Offence, not a Criminal
Offence.
    > Therefore, you should be able to tick the "no" box. A quick call to a UK police
    > station will to confirm this is wise.
    >
    >
    >
    > Simon Jessey
    >
    > See my timeline and get K1 / AOS info at my website:- http://jessey.net/visa
 

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