harrini1

I have looked for a similar circumstance, but can't find one. Sometime in '95 I was convicted of careless driving following an accident.
On my police certificate application I stated this, but the Certificate came back "No Trace".
I have contacted DVLA and they have no record. The court in which I was sentenced no longer keep the record (and had no details) - they have been archived.
when I contacted the archive office, they have said that I need the date of the conviction to find the record - which I genuinely can't remember (they will charge £30 for every month they search)

So, the only document where there is any mention of conviction is on my ACPO report application.
Should I keep my mouth shut and hope for the best? Would ACPO share details of my application with USCIS.
Should I stump up several hundred pounds to the archive office to find details of the conviction?
To add to the stress, last year I had an ESTA approved - and I failed to mention this conviction then...

Noorah101

1. What visa are you applying for? Since you posted in the marriage-based forum, I assume either a K-1 or an Immigrant Visa?

2. Regarding "keep my mouth shut"...you need to be 100% honest with all USCIS applications. Whenever an application or a person asks if you've been arrested or have a conviction, the answer is "yes".

3. ESTA might only ask about CIMT arrests, I'm not sure. Was yours a CIMT? If this was something you were supposed to have mentioned back then, and you did not, you might have problems.

4. Might be beneficial for you to have a consultation with an immigration attorney at this point.

Rene

meauxna

I don't know the system.. is this a criminal conviction or a moving vehicle citation?

harrini1

Applying for CR-1 visa. Don't think that careless driving is a CIMT, but I might be wrong..

Noorah101

I suggest answering all visa application questions honestly, stating your conviction. You will need to supply a police certificate, which you say you have obtained, so that's done.

If asked at the visa interview, fully disclose what happened regarding the conviction.

If the ConOff needs anything else from you, she will let you know at that time.

Rene

Duncan Roberts

Does it say "No Trace" or "No Live Trace?"

harrini1

It says "No Trace" - which I was a little surprised at.

meauxna

Is "careless driving" a criminal conviction or a moving violation?

harrini1

it was dealt with in a magistrates court - and is I believe a criminal conviction - we dont have moving violations in the uk

ian-mstm

Umm... no! That would be an even bigger mistake than failing to mention this on ESTA.


Unlikely, but y'never know! Since you've already tried to find the documents relating to this incident, I suggest you return to the court and/or police station and have them give you a note to the effect that they no longer have the records.


Yes, if travelling to the US is a priority. Oh... I see you're after a CR-1 visa. Okay... you have two choices: 1) Admit what has happened and see where it goes; or 2) Ask your spouse their thoughts on moving to the UK.


This is pretty much the equivalent of lying to gain an immigration benefit. The penalty, if you're caught, is a lifetime ban from the US... and I don't believe there is a waiver available for that.

Ian

Wolfy

On the ACPO application, it does stipulate Item4:that information may be shared with other agencies of law enforcement and I would guess if required will share with other government agencies as well, but thats me reading into it.

http://en.wikipedia.org/wiki/Moral_turpitude

You might find the above link intresting, its interpitation of wreckless driving is not a CIMT, however it is not what the embassy use and advise you seek legal advice but it does state before the grid A definition of moral turpitude is available for immigration purposes on the United States Department of State website

ian-mstm

I'm guessing "wreckless driving" is a damn good thing. However, "reckless driving" is pretty bad!

Ian

Wolfy

Totally agree, just today a truck driver in birmingham could be convicted of wreckless driving and face 7 years in jail

Just thought i would use it again....lol

md95065

Amusing but irrelevant - the OP specifically mentioned "careless driving", not "reckless driving" - they are different.

md95065

No it isn't.

It isn't clear to me that the OP's failure to mention this when applying for ESTA would amount to willful misrepresentation of a material fact. In fact it isn't at all clear to me that a conviction for "careless driving" would need to be disclosed at all on an ESTA application given that it is my understanding that the question asks about CIMT and it seems very unlikely that "careless driving" would fall into that category.