Criminal offenses
Oct 14th 2002, 11:23 pm
#1
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Joined: Oct 2002
Location: Canada
Posts: 2
Criminal offenses
I was wondering if anyone could give me info on criminal offenses...My husband has 4....2 impaired driving,,,public mischief and causing a disturbance...These are all misdemeanors in the United States.. He never got any jail time for them. They are all Summary and not indictable ..We got the court records and that is what they all say..All he had to do when he got them was pay a fine. 2 of them are 15 years old and the other 2 are at least 5 years old....We are ready to send our pack back to the Consulate but were wondering about this...Alot say it should be ok...Any opinions??
Thanks,
Tracey
Thanks,
Tracey
Oct 16th 2002, 12:05 pm
#2
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Posts: n/a
Re: Criminal offenses
On Mon, 14 Oct 2002 16:23:03 -0700, traceys wrote:
> I was wondering if anyone could give me info on criminal offenses...My
> husband has 4....2 impaired driving,,,public mischief and causing a
> disturbance...These are all misdemeanors in the United States.. He never
> got any jail time for them. They are all Summary and not indictable
> ..We got the court records and that is what they all say..All he had to
> do when he got them was pay a fine. 2 of them are 15 years old and the
> other 2 are at least 5 years old....We are ready to send our pack back
> to the Consulate but were wondering about this...Alot say it should be
> ok...Any opinions??
> Thanks,
> Tracey
> --
> Posted via http://britishexpats.com
You need to consult an immigration lawyer experienced with criminal
matters. Unfortunately, US immigration law is very strange when it comes
to such matters; in some cases, it doesn't matter what the fine was or
even whether the conviction was expunged. All that matters in some cases
is what the maximum sentence could have been. For instance, if the maximum
sentence for public disturbance was two years in prison, for immigration
law that would count even if all he had to do was pay a $10 fine.
Usually, a single DUI is not a problem - but even then, a lawyer may be
needed. In the case of your husband, there were multiple convictions, and
only an attorney can sort out the implications and what to do.
All that said, it sounds like you probably would be OK in the end, but I
still strongly recommend an attorney first.
> I was wondering if anyone could give me info on criminal offenses...My
> husband has 4....2 impaired driving,,,public mischief and causing a
> disturbance...These are all misdemeanors in the United States.. He never
> got any jail time for them. They are all Summary and not indictable
> ..We got the court records and that is what they all say..All he had to
> do when he got them was pay a fine. 2 of them are 15 years old and the
> other 2 are at least 5 years old....We are ready to send our pack back
> to the Consulate but were wondering about this...Alot say it should be
> ok...Any opinions??
> Thanks,
> Tracey
> --
> Posted via http://britishexpats.com
You need to consult an immigration lawyer experienced with criminal
matters. Unfortunately, US immigration law is very strange when it comes
to such matters; in some cases, it doesn't matter what the fine was or
even whether the conviction was expunged. All that matters in some cases
is what the maximum sentence could have been. For instance, if the maximum
sentence for public disturbance was two years in prison, for immigration
law that would count even if all he had to do was pay a $10 fine.
Usually, a single DUI is not a problem - but even then, a lawyer may be
needed. In the case of your husband, there were multiple convictions, and
only an attorney can sort out the implications and what to do.
All that said, it sounds like you probably would be OK in the end, but I
still strongly recommend an attorney first.
