Noorah101

Robb, have you read this sticky post in the US Immigration forum?

http://britishexpats.com/forum/showthread.php?t=559272

Rene

Duncan Roberts

I can own a small arsenal of guns here, does that mean I can take them to the UK and then claim "My government says it's OK, can't argue with that."

The law you are concerned with is the US one, not the UK one. Cautions don't exist in the US so a UK caution is either nothing or a conviction in the eyes of the US, kind of. A lawyer will help you figure out which and help you put your case forward, and appeal if you get burned.

S Folinsky

Query: Whose law are you talking about? The context of your question indicated you were interested in applying for a visa to come to the United States under US law.

Quite often, the answers may be found in the US Immigration & Nationality Act.

I don't give nor intend to give individual advice. You demonstrate a reason, you argue with the advice you do get.

No advice given, nor intended.

Jen3

I am in a similar situation with my UK husband. He has a police caution for assault of a constable from 7 years ago. He has entered the us on vwp three times always ticking "no" to the have you ever been arrested bit. Obviously he knows now he should not have done that, but at the time did not realize a caution was so serious. I guess I am also interested what there is to do in regards to a lie on the vwp. I know Robb stated that he had done this twice as well, but nobody seems to discuss this issue as much as criminal record issues. I have been researching, but most of the info is in regards with tourist visas.

meauxna

Jen3, I will go on a limb and try to say this correctly. If I don't, I'm sure one of my friends here will be happy to tell me and set us straight.

There is no "lie" in US immigration law. There is "misrepresentation". under that, there is "material misrepresentation", where "intent" is a componant.

The lie has to meet the standard of making a difference to the decision, and the person has to have done it intentionally.
It's probably the last part that's wrong.

There's also a difference between visiting and immigrating. Declaring and dealing with the criminal record portion is more important for the immigrating part.

jeffreyhy

J,

When one has researched and found nothing, perhaps it's time to turn for answers to those who have been trained in the subject.

Regards, JEff

robb75

im not trying to argue with anyone dont get me wrong.
What i was trying to explain was,i had no intent to misrepresent myself on the visa waiver form on the plane.
I have since found a PDF document on the Department of Homeland Security website that states that to have misrepresented yourself,there must have been an intent to do so. So my point of mentioning what the U.K. Home office defines a caution as being,played a big part in how i answered the question.
Im guessing a big part of all this is in how things are worded.
If i remember correctly,the form i filled out on the plane asked a really huge question that ended with "are you intending to enter the united states to partake in any immoral or illegal activities?"
Obviously,by ticking yes to that question,i would be admitting to something i had no intention of doing.
I am learning through research,that the difference between material misrepresentation with no intent,and admitting to misrepresentation with Intent mean alot.
Also,i think my police caution here is actually worded as "vegetable matter" no mention of cannabis or marijuana (did i spell that right? ) or any other controlled substance.obviously,i would have to find some way of getting the CRB here to send me what they have to find out the exact wording.
so i am hoping that will be helpful to me.
If i can find some way around those two obsticles. That would leave the one conviction for aggravated assault (battery) which is a CIMT. Hopefully,that on its own can be overlooked..altho,i do know that crimes not involving moral turpitude,if multiple,can not be ignored!
So as soon as i have sufficient funds,i will be contacting a lawyer. In the meantime,I can allways try and do some research and see if i can find some peace of mind in anything i find. I also have a feeling if i marry my fiancee first,it may go some way to helping out.I cant have my son growing up without a father,that would cause him and my fiancee extreme hardship surely?
I have not read the sticky yet,i will read that now.
Thanks for the responses

Noorah101

If you mean that marrying your fiancee first will help your visa or immigration problems....it won't. It doesn't matter if you are married or engaged. It just means you'll get a different visa based on your marital status.

If you need to obtain a hardship waiver, the hardship has to be on the USC. Since she was already living with you in the UK, you will need to show why she no longer can live in the UK. Usually waivers are not a do-it-yourself project, because a lawyer will know how to word the waiver to benefit you best.

Rene

S Folinsky

Observation: ROFL! You want to live with your beloved in the US, fine and dandy. Love is wonderful. Why won't you consult with an attorney who might know something about the subject and can look at YOUR particular situation and the paperwork? Is your beloved worth it?

Note: I really like an old video of a young Bob Dylan and Joan Baez singing "It Ain't Me, Babe!"

No advice given nor intended.

nettlebed

It's not even as simple as showing she can't continue to live in the UK. I don't believe that DHS believes being separated from a spouse creates extreme hardship for the USC. Even if she had to move back to the US, that in itself is unlikely to be sufficient grounds for a hardship waiver, AFAIK.

Jen3

Robb

I wish that neither of us were in this situation, but it does give a very slight sense of hope that there are other people out there trying to do the same thing with similar problems. My husband is still trying to get more information about his caution because the only responses he has received are "no live trace" on the ACPO, then under the data protection act from the police he got a report stating police caution: assault of a constable. Well, I guess that is helpful, but I think an actual police report would be even better. He is trying to get more detailed records from the Suffolk Police, but when he phoned up the guy told him good luck finding anything and has had similar responses phoning the police station. Since you don't go to court over a caution there is no MoC correct? I guess the more information you have the better/or worse in some cases, but it would greatly help when seeking a lawyers help. That is our plan.

fatbrit

By George! I think you've solved it! Calling it vegetable matter I'm sure'll work, no intent is a given, and what's an assault or three between friends. Doesn't look like you'll need a lawyer at all. Be sure to let us know how you get on.

discoviking

That is a good plan. But be selective, don't pick a lawyer who does mainly employment based visas, for example. You want to find one experienced with family based immigration, inadmissiabilites and waivers (in case you need to file one).

Extreme hardship has to be to the USC or LPR fiancee, spouse or parent. Merely being separated is not in itself considered an extreme hardship. In your case, you would have to show why it would be an extreme hardship to your fiancee if you were not allowed to immigrate to the US, *and* why it would be an extreme hardship if she was forced to live in the UK with you. Easier said than done, but possibly doable depending on the hardships you are able to demonstrate. Not a DIY project, though.

While you are saving up funds for that lawyer, you might want to visit http://immigrate2us.net/ for a reality check. The majority of the members there have significant others in situations similar to yours. You may want to take a look at their I-601 section for examples on how others have demonstrated extreme hardships - just in case you find yourself in the position of having to file a waiver yourself.

You may also want to take a look at their FAQ, for a list of recommended lawyers. Some may even have a presence in the UK, I happen to know that
one of Laurel Scott's associates is in the process of moving to the UK and will be working for the firm remotely from a UK location, for example.

Good luck to you.

robb75

Thank you discoviking I appreciate your advice,if my fiancee is on welfare..and my son needs both parents,does anyone know if that is extreme hardship?
That is why it is extremely important to me that i get there somehow to work and look after them both.I know the state i intend to move to likes to keep the father in the childs life as much as possible.
My fiancee was only on a 6 month visa in the UK when she fell pregnant,it was her second visit here,we had been travelling back and forth before that.
her mother needs constant help from her too,as she is very ill with chronic disease.her brother was looking after her mother when she was here with me,but he has since moved away.
Im really kicking myself for unwittingly ticking the wrong box on my visa waiver on the plane,as i now know that is an immigration misrepresentation issue. I honestly thought the question was related to convictions of six months or a year in prison or more,and that by ticking the box i would be admitting to entering the united states to "partake in illegal or immoral activities" and obviously,i had no intention to do either.
Im hoping the fact i have never been to prison for anything here or the fact i have never stolen anything goes in my favour.
I thought they were the kinds of things that would keep me out of the country.
Does it depend on what state you intend to move to,and there individual state laws? Or is there just a standard for the whole of the U.S.?

Jenn,trying to find what is on your criminal record in UK is a joke,no individual can do it,it has to be done through a professional body of some kind,or an potential employer.
The CRB send a copy to the body,or employer,also a copy gets sent to the person for whom it was requested..
I know from reading up about it that if you apply for a job working with children or a sensitive job of some kind,as a bank clerk for example,then you could get one that way...and give it the once over before speaking to your Immigration lawyer...

Noorah101

USC = United States Citizen.

You realize at some point she will have to fill out an affidavit of support for you to immigrate? Sounds like she won't qualify on her own and will need a joint sponsor. Just in case you were not aware of that.

Rene