avchd

Hello

This year I have been accepted to read Film & American studies at University which I will start in September 2011. A compulsory part of this course is to spend a year as part of an exchange program at a university in the U.S.

My problem lies in the fact that last year I was convicted of two offences of which I believe one would be considered a CIMT and one that wouldn't be (Wounding without intent & Possession of an offensive weapon). For these crimes I received a 24 month suspended sentence. The incident that occurred which I won't get into resulted in me pleading guilty and in turn due to the circumstances surrounding the case the judge gave me a very lenient sentence that is almost never handed out for such offences. I was 17 at this time.

I will be applying for the student visa during my second year which will be in early 2013. At this point it will have been around 3 1/2 years since my conviction which would not make me eligible for exemption under the (only one crime involving moral turpitude under the age of 18 if 5 years have passed) rule.

Whilst i understand this is a few years away i am already panicking over being denied the student visa which would therefore mean I would not be able to complete my degree and would be a waste of 2 years and thousands of pounds.

Whilst i am obviously not expecting a definitive answer here my question is do i even have a shot at obtaining a year long student visa with my record? I have never been in trouble before and cannot see it happening again in the future, the youth probation record i had done was described by the judge as one of the best he had ever seen and i received high grades at high school and am on course to finish my college course at Distinction level.

All of my family live in the U.K and i will have the funds to prove that i can support myself whilst staying in the U.S.

So basically my question is, will the fact that I served no prison sentence or community service work in my favour or will the embassy just look at the conviction and small amount of time passed and deny me immediately? Or will it be a case of me having to attend the interview and proving that the convictions were a one of event and my entire focus would be on my studies of America in the states. Another thing to mention is that during my sentencing the judge specifically denied the victim any sort of compensation what so ever.

Any answers will be appreciated.

Thank you.

ian-mstm

You have a shot, yes... but a slim one, IMHO.


I don't think you'll be denied immediately, but you are definitely facing an uphill battle. You need to get hold of the court papers and talk this over with a US immigration attorney.

Ian

avchd

Do you mean contact an immigration attorney A.S.A.P before i accept any University offers to discuss my options, or nearer to the time of the visa application?

Would the fact that the University I plan on going to is quite highly ranked with exchange program links with Georgetown make any difference?

As you can imagine this is all very troubling as the two universities I want to go to have compulsory year abroad schemes that i would really love to do. Whilst i could go to a university that didn't have a compulsory year abroad i wouldn't really want to invest my money in a university i might not enjoy.

Would the fact that i was a juvenile and it would only be a year and a half away from coming under the exception rule count for nothing?

ian-mstm

I mean before you accept the University offer. If the US component is compulsory, you'll want to know ahead of time whether or not these issues can be overcome. If they can, great! If they can't, you may want to rethink your academic future.

Oh... be wary of any attorney who says you won't have a problem. Get a second opinion!


No.


That you were under age 18 is in your favor, but there's more to it than just age. You need to discuss with the attorney exactly what the specific charges were and what specifically happened to you. Generally speaking, the punishment you received isn't really relevant... but what is relevant is the maximum punishment that you could have received. It's the maximum punishment that will determine whether or not this can be overcome.

Ian

avchd

Thank you for your help, i definitely have some thinking to do before i make any decision. I know I'm probably asking this in the wrong place but i would also have the option of applying to Canadian universities, do you know if i would encounter the same problems as applying for a U.S student visa or are they a bit more lenient? Sorry for that question but i have not researched Canadian visa policies as much as i have U.S policies.

crg

Weapon possession isn't a CIMT. Wounding someone with it is a whole different story. You can certainly apply for a waiver if one is needed. It's tough to tell if they will approve it or not.

Was the case handled in adult court, or youth court?

The Canadians have their own rules about allowing people into their country. In some respects they are even more restrictive than the US.

avchd

Yes wounding without intent is, i believe, deemed to be a CIMT and weapons possession I don't think is one. Which is why i thought i could have maybe had a good case for getting a U.S visa because of thier exception rule for juveniles if 5 years have passed, although when i apply only 3 1/2 years would have passed.

The case was held at Crown Court. I don't know how deeply the embassy would look into the entire case but at one point all charges against me were dropped by the judge only for the prosecution to appeal to have them reinstated and brought back to court, which they were. I'm not sure if that would show on any record, perhaps the court files?

Also i don't know how much the embassy discuss the case with you and how much they go from just by looking at the police certificates and court files etc... but the barristers, judge etc... all said this was one of the less clear cut cases they had seen which actually involved the 'victim' subjecting me to a much worse injury than he himself received. I was just wondering if that would also work in my favour seeing as I was also a victim of a crime?

christmasoompa

Canada is incredibly strict on criminal recordcs - until at least 5 years have passed from the end of your sentence you are inadmissible to Canada for any reason (even a holiday). After 5 years have passed you must apply for 'criminal rehabilitation' before you can enter, and after 10 years you're automatically deemed rehabilitated.

Have a read of the following from the government website for more info.......http://www.cic.gc.ca/english/informa...ns/rehabil.asp

avchd

Yes from that it seems like applying for a study permit in Canada would be even less likely to succeed than a U.S one. I have not seen any exceptions for juvenile convictions on the Canadian embassy website so i assume that crimes at any age are still exempt under the 5-10 year rehabilitation rule?

ian-mstm

It's been a while since I've looked at the Young Offenders Act under Canadian law, but you might want to research it.

Ian

avchd

I found this, so it doesn't look very good for my chances at a Canadian Visa.

You are inadmissible if:

* you were convicted in adult court in a country that has special provisions for young offenders.

Thank you for the help. I have found out that if i was to be denied a student visa for whatever reason i would more than likely have the opportunity to complete my degree in the U.K as I wouldn't be studying a language.

I will more than likely just have to take my chances when the time comes and find a good U.S immigration attorney who can give me the best possible chance of receiving a U.S visa. Hopefully the U.S embassy looks at the bigger picture surrounding the incident and my youth probation report and references etc... would help me out although they seem unlikely to have much bearing on the outcome.

avanutria

I'm not familiar with the five year exemption that you mention, but another possibility that you might want to talk to your attorney about would be taking a couple of gap years so that when it comes time for your placement the five year period has passed. Better than giving up on the course completely..

avchd

Hello Again

After reviewing my court files i found that my sentence was not a suspended sentence and was in fact a 24 month 'conditional discharge'.

I was just wondering if this was any different in meaning to a 'suspended sentence' regarding a visa application?

ian-mstm

A "suspended sentence" means sentencing was delayed until such time as a judge felt satisfied that you met the terms of your probation. A "conditional discharge" means that you aren't punished as long as you meet the terms of the conditions. Generally, a discharge is better since it usually results in there not actually being a conviction.

Ian

crg

A conditional discharge counts the same as a conviction for US immigration purposes. Suspended sentences count the same as sentences that are actually served and carry the same penalties so the fact there was no custodial sentence (suspended or otherwise) is a good thing.