Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

USA visa for UK resident with criminal record question

USA visa for UK resident with criminal record question

Thread Tools
 
Old Jul 15th 2009, 11:33 am
  #46  
Just Joined
Thread Starter
 
Joined: Sep 2007
Posts: 28
xdcam is an unknown quantity at this point
Default Re: USA visa for UK resident with criminal record question

I've just cut/paste this from a site (http://travel.state.gov/visa/frvi/in...ties_1364.html

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

So, does from (ii) Exception.-Clause above exempt me in some way, I mean I didn't do prison and I only have 2 or 3 convictions.

Last edited by xdcam; Jul 15th 2009 at 11:49 am.
xdcam is offline  
Old Jul 15th 2009, 11:52 am
  #47  
Banned
 
Matthew Udall's Avatar
 
Joined: Sep 2002
Location: United States
Posts: 3,825
Matthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond repute
Default Re: USA visa for UK resident with criminal record question

Originally Posted by xdcam
throwing knife
You don’t have to answer, but I am curious; did you throw your knife at anything in particular?
Matthew Udall is offline  
Old Jul 15th 2009, 11:53 am
  #48  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: USA visa for UK resident with criminal record question

Originally Posted by xdcam
I
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

So, does from (ii) Exception.-Clause above exempt me in some way, I mean I didn't do prison and I only have 2 or 3 convictions.
xdcam, in what way does the single (one) offense exception work for '2 or 3' convictions?

the thing is, you have multiple layers of issues now, and your case is not a DIY one. Several people who participated on this thread are folk who I would say know a LOT more than your average bear when it comes to immigration matters and I don't think anyone here can/could/would answer your questions.
There is a limit, and there is a point where the only responsible thing to do is tell you to pursue a legal consultation.

I want you to keep researching and reading, but until you get some guidance, you won't even know if what you're reading applies to you. I wish there was an easy answer for you, really I do.
meauxna is offline  
Old Jul 15th 2009, 11:54 am
  #49  
Just Joined
Thread Starter
 
Joined: Sep 2007
Posts: 28
xdcam is an unknown quantity at this point
Default Re: USA visa for UK resident with criminal record question

Didn't throw knife at anything, it was just in my car glove compartment and the police found it and didn't like it. Funny thing, I bought it in Florida a year earlier and they let me bring it back through customs.

Last edited by xdcam; Jul 15th 2009 at 11:56 am.
xdcam is offline  
Old Jul 15th 2009, 11:56 am
  #50  
Just Joined
Thread Starter
 
Joined: Sep 2007
Posts: 28
xdcam is an unknown quantity at this point
Default Re: USA visa for UK resident with criminal record question

I understand you meaux, I was talking about:

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

I am seeing an immigration solicitor later this week. £550 plus vat for consult; bloody hell.
xdcam is offline  
Old Jul 15th 2009, 11:56 am
  #51  
Junior Showtime
 
Kate2112's Avatar
 
Joined: Jul 2005
Location: Singapore
Posts: 3,759
Kate2112 has a reputation beyond reputeKate2112 has a reputation beyond reputeKate2112 has a reputation beyond reputeKate2112 has a reputation beyond reputeKate2112 has a reputation beyond reputeKate2112 has a reputation beyond reputeKate2112 has a reputation beyond reputeKate2112 has a reputation beyond reputeKate2112 has a reputation beyond reputeKate2112 has a reputation beyond reputeKate2112 has a reputation beyond repute
Default Re: USA visa for UK resident with criminal record question

Originally Posted by xdcam
Nothing, it was just in my car glove compartment and the police found it and didn't like it. Funny thing, I bought it in Florida a year earlier and they let me bring it back through customs.
Get a lawyer like the nice lady said.
Kate2112 is offline  
Old Jul 15th 2009, 11:59 am
  #52  
Just Joined
Thread Starter
 
Joined: Sep 2007
Posts: 28
xdcam is an unknown quantity at this point
Default Re: USA visa for UK resident with criminal record question

Originally Posted by Kate2112
Get a lawyer like the nice lady said.
I just did, shame they want £550 per hour though
xdcam is offline  
Old Jul 15th 2009, 12:03 pm
  #53  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: USA visa for UK resident with criminal record question

Originally Posted by Matthew Udall
You don’t have to answer, but I am curious; did you throw your knife at anything in particular?
Hi Matt:

I've just been observing this tread. Some quotes from colleagues --

My departed friend Darlene Seligman like to repeat a quote [forget who she attributed to]: "All the world needs is love; but not until the paperwork is done."

Vera Weicsz has noted that a lawyer should remember that was the client, not the lawyer, who sold cocaine --- to an undercover cop --- across the street from a school.

The Sotomayor hearings keep saying, ascertain the facts and then apply the law to the facts and you get your conclusion.
Folinskyinla is offline  
Old Jul 15th 2009, 12:24 pm
  #54  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: USA visa for UK resident with criminal record question

Originally Posted by xdcam
I just did, shame they want £550 per hour though
I find that excessive.
I tried to explain that you do not need to meet someone who is working in the UK.
meauxna is offline  
Old Jul 15th 2009, 12:29 pm
  #55  
Shocked of Redmond
 
nettlebed's Avatar
 
Joined: Feb 2005
Location: Redmond, WA
Posts: 3,446
nettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond repute
Default Re: USA visa for UK resident with criminal record question

Originally Posted by xdcam
I understand you meaux, I was talking about:

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

I am seeing an immigration solicitor later this week. £550 plus vat for consult; bloody hell.
Yes, you are inadmissible. So was I (two convictions for Crimes Involving Moral Turpitude), but I am now a USC. Waivers are available, but the best way to get them is to do what you are doing: use an attorney.

I have to say that UKL550 plus VAT seems very excessive. I believe that my attorney, here in Seattle, gives a free initial consultation. Obviously you can't get to Seattle, but your SO could give them a call and see if they think they could work your case.

Editing to add: the total cost for my Green Card was $5000, which included everything - assembling packet for submission, filling in forms, all contacts with USCIS - except a filing fee for an extension of my EAD, and the fee for my medical examination.

Last edited by nettlebed; Jul 15th 2009 at 12:31 pm.
nettlebed is offline  
Old Jul 15th 2009, 12:29 pm
  #56  
Just Joined
Thread Starter
 
Joined: Sep 2007
Posts: 28
xdcam is an unknown quantity at this point
Default Re: USA visa for UK resident with criminal record question

Originally Posted by meauxna
I find that excessive.
I tried to explain that you do not need to meet someone who is working in the UK.
How else, phone?
xdcam is offline  
Old Jul 15th 2009, 12:32 pm
  #57  
Shocked of Redmond
 
nettlebed's Avatar
 
Joined: Feb 2005
Location: Redmond, WA
Posts: 3,446
nettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond repute
Default Re: USA visa for UK resident with criminal record question

Originally Posted by xdcam
How else, phone?
Telephone, fax, email, courier. Immigration attorneys are used to working like that.
nettlebed is offline  
Old Jul 15th 2009, 12:35 pm
  #58  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: USA visa for UK resident with criminal record question

Originally Posted by xdcam
How else, phone?
Yes, phone. A lot of people are using Skype for consultations now. Email, eventually (I'd recommend that you speak real time with someone to start).

If you 'buy' a US immigration attorney overseas, you're going to be paying a premium. For some instances, this might be appropriate. I think right now that you need to hear from someone you have paid, so you will believe what you've been reading here. Whether or not that is the right person to guide you through your whole case, who can say?

You also need to look at your entire bigger picture plan and see if this is where you want to spend your resources. Since you're just wanting to come over to hang out for the short term, maybe you should just save the whole waiver business and wait until your USC immigrates to you.
You need comprehensive advice.
meauxna is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.