Visiting my girlfriend in the US with a UK criminal record.
#61
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Re: Visiting my girlfriend in the US with a UK criminal record.
Fireant, If you were convicted in a Magistrates Court, then its more likely than not that you will qualify under the petty offence exemption. If convicted in a Crown Court, then petty offence exemption will not apply. The max sentence of 7 years for theft will only apply if convicted in a Crown Court. The max sentence in a Magistrates Court is 6 months.
The first one for common assault, I was told it was self defence. But they still convicted me of common assault.
That was heard in a magistrates court.
My first offence and sentence was 200 hours community service, 12 months probation and a £180 fine.
The second offence was for common assault was also in a magistrates court. Which I was convicted for. But, as I didn't do it my solicitor took it to the Crown Court to appeal it. But we lost. Depsite the other guy swearing and being aggressive in court.
All they did there was say sorry, they're not dismissing it and I had to pay the costs of the appeal.
The sentence was 100 hours community service.
Which was originally sentenced by the Magistrates Court, not the Crown Court. Who only charged me court costs for the appeal (a year later).
Finally, the theft from employer, for the lightbulb. Was also heard in a magistrates court.
This was community service, about 150 hours and a £150 fine (I think it was).
I had to go back to court though as I became ill at the time and the doctor signed me off from the community service.
Over time the community payback people who were very helpful had to take me back to court for an adjustment of sentence. This was again a magistrates court where they decided to wipe the community service and give me a bigger fine of about £400
That was it.
Never been in trouble since and don't plan on doing ever again.
#62
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Re: Visiting my girlfriend in the US with a UK criminal record.
So you're saying the waiver can be approved (subject to the discretion of the issuing officer) without 15 years having passed, as long the applicant proves extreme hardship to the qualifying USC relative?
#63
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Re: Visiting my girlfriend in the US with a UK criminal record.
Most of the ones I have come across have involved a waiver, occasionally you see somebody who has gone past the 15 year mark and want to make the case they do need a waiver. Seems logical it would be reasonably rare.
#64
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Re: Visiting my girlfriend in the US with a UK criminal record.
At the risk of dragging this thread even further off topic, I simply can't understand the point that you and civilservant have been trying to make.
Reading the passages that have been indicated in the FAM, it does seem to be suggesting that an immigrant visa waiver of ineligibility (of the type that the OP might eventually wish to pursue in the case of marriage to the USC significant other) won't be considered if less than 15 years has passed since the offences or other activity which made the applicant ineligible.
Unless I'm missing something glaringly obvious, where is the contradiction and what exactly is wrong with what nelson2 has been trying to say?
Reading the passages that have been indicated in the FAM, it does seem to be suggesting that an immigrant visa waiver of ineligibility (of the type that the OP might eventually wish to pursue in the case of marriage to the USC significant other) won't be considered if less than 15 years has passed since the offences or other activity which made the applicant ineligible.
Unless I'm missing something glaringly obvious, where is the contradiction and what exactly is wrong with what nelson2 has been trying to say?
#65
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Re: Visiting my girlfriend in the US with a UK criminal record.
After reading more into this and going over previous comments in this thread.
In your opinion, does it seem likely that I'll get a visa via the petty offence exemption?
In your opinion, does it seem likely that I'll get a visa via the petty offence exemption?
#66
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Re: Visiting my girlfriend in the US with a UK criminal record.
Nobody knows for sure. It's a judgement call by the officer dealing with your case. Why not apply and find out one way or another?
#67
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Re: Visiting my girlfriend in the US with a UK criminal record.
Also is it better that I apply for the Acro police certificate now too as I'll likely be declined for the ESTA anyway
#68
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Re: Visiting my girlfriend in the US with a UK criminal record.
Not sure what you mean by contact? Anyway you apply for a B visa initially on line and then go for the interview, you will need all your supporting documentation then.
#69
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Re: Visiting my girlfriend in the US with a UK criminal record.
That the next stage after that would be to contact the embassy for an interview?
Do I still need to apply for an ESTA or am I best just going applying for a B Visa, even if its just for a two week holiday over there?
I've never done this type of thing before, so apologies for all the questions.
#70
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Re: Visiting my girlfriend in the US with a UK criminal record.
Up to you if you want to apply for ESTA first, not required. Does not cost much so no harm I guess.
You apply for a Visa which will require an interview at the Consulate. Does not matter how long you wish to visit.
You apply for a Visa which will require an interview at the Consulate. Does not matter how long you wish to visit.
#71
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Re: Visiting my girlfriend in the US with a UK criminal record.
#72
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Re: Visiting my girlfriend in the US with a UK criminal record.
I would skip the ESTA application and save your pennies. Go straight in for the B-2 as you obviously have good reason to do so. Get on and order your ACRO.
The timeline you have mentioned is narrowing quickly, and you have a tiny tiny window to get a waiver back in time for your proposed trip. I would have started this process the day or so after you had your questions answered here.
The timeline you have mentioned is narrowing quickly, and you have a tiny tiny window to get a waiver back in time for your proposed trip. I would have started this process the day or so after you had your questions answered here.
#73
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Re: Visiting my girlfriend in the US with a UK criminal record.
Hello
It's been a while since I last posted. So here's an update, not sure if this will help anyone else, but it did me.
I went to see an immigration attorney, I told them everything what I've listed on here and she checked the questions on the ESTA form.
Then, she said to tick No to everything as my crimes were not relevant to the questions the ESTA was asking.
Then, we discussed my future, if things continue to go well with my girlfriend etc and what if I wanted to move over there, to the states?
Her reply was to get a Acro report and once I have that, then I'd need to send it to her, for her to deal with.
Apparently the visa I'd need to go for would be a K1 fiancée visa and then go from there.
Anyway, I have since been to the USA and came back and have done everything they asked. My police certificate hasn't arrived yet but once it does, then fingers crossed my lawyer can help with everything and hopefully it'll all be OK. 🤞
It's been a while since I last posted. So here's an update, not sure if this will help anyone else, but it did me.
I went to see an immigration attorney, I told them everything what I've listed on here and she checked the questions on the ESTA form.
Then, she said to tick No to everything as my crimes were not relevant to the questions the ESTA was asking.
Then, we discussed my future, if things continue to go well with my girlfriend etc and what if I wanted to move over there, to the states?
Her reply was to get a Acro report and once I have that, then I'd need to send it to her, for her to deal with.
Apparently the visa I'd need to go for would be a K1 fiancée visa and then go from there.
Anyway, I have since been to the USA and came back and have done everything they asked. My police certificate hasn't arrived yet but once it does, then fingers crossed my lawyer can help with everything and hopefully it'll all be OK. 🤞
Last edited by Fireant; Oct 19th 2019 at 10:54 pm.
#74
Re: Visiting my girlfriend in the US with a UK criminal record.
Then, she said to tick No to everything as my crimes were not relevant to the questions the ESTA was asking.
That said, I'm glad you enjoyed your trip.
#75
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Joined: Mar 2010
Posts: 2,854
Re: Visiting my girlfriend in the US with a UK criminal record.
Hello
It's been a while since I last posted. So here's an update, not sure if this will help anyone else, but it did me.
I went to see an immigration attorney, I told them everything what I've listed on here and she checked the questions on the ESTA form.
Then, she said to tick No to everything as my crimes were not relevant to the questions the ESTA was asking.
Then, we discussed my future, if things continue to go well with my girlfriend etc and what if I wanted to move over there, to the states?
Her reply was to get a Acro report and once I have that, then I'd need to send it to her, for her to deal with.
Apparently the visa I'd need to go for would be a K1 fiancée visa and then go from there.
Anyway, I have since been to the USA and came back and have done everything they asked. My police certificate hasn't arrived yet but once it does, then fingers crossed my lawyer can help with everything and hopefully it'll all be OK. 🤞
It's been a while since I last posted. So here's an update, not sure if this will help anyone else, but it did me.
I went to see an immigration attorney, I told them everything what I've listed on here and she checked the questions on the ESTA form.
Then, she said to tick No to everything as my crimes were not relevant to the questions the ESTA was asking.
Then, we discussed my future, if things continue to go well with my girlfriend etc and what if I wanted to move over there, to the states?
Her reply was to get a Acro report and once I have that, then I'd need to send it to her, for her to deal with.
Apparently the visa I'd need to go for would be a K1 fiancée visa and then go from there.
Anyway, I have since been to the USA and came back and have done everything they asked. My police certificate hasn't arrived yet but once it does, then fingers crossed my lawyer can help with everything and hopefully it'll all be OK. 🤞