British Expats - Criminal record.

Patrick <[email protected]> wrote in message
news:<[email protected]>...
    > Does anyone have any experience of applying for a green card with a criminal
    > record? I have been married to a usc for 7 years and lived in the uk, she wants to
    > go home as her Dad is unwell but 8 years ago I received one years conditional
    > discharge for false accounting (claiming expenses fraudulantley).
    >
    > Will this conviction stop me from emigrating with my wife? Has anyone else applied
    > with a simular conviction. I appreciate any constructive feedback, thank you
    >
    > Patrick

Hi Patrick

This is what the law says:

9 FAM 40.21(a) N7.1 Provisions of INA 212(a)(2)(A)(ii)(I) (TL:VISA-129; 11-09-1995)
As amended, a conviction or admission of the commission of a crime of moral turpitude
will not serve as the basis of ineligibility under INA
212(a)(2)(A)(i), if the following conditions have been met:
(213) The applicant has been convicted of or has admitted to the commission of only
one crime;
(214) The maximum penalty possible for the crime of which the alien was convicted did
not exceed imprisonment for one year;
(215) The applicant has been convicted, but the alien was not sentenced to a term of
imprisonment in excess of six months regardless of the extent to which the
sentence was ultimately executed;
(216) The applicant has admitted the commission of a crime of moral turpitude, and
the maximum penalty possible for such crime does not exceed imprisonment for
one year; and
(217) The applicant is otherwise admissible.

Clearly, it is section (2) that may cause the problem and require that you apply for
an I-601 Waiver of Inadmissibility, if the maximum sentence for false accounting,
under whichever section/Act you were convicted, exceeds one year's imprisonment.

You may find this info useful from Doc Steens Website:

"If you are an immigrant fiance or spouse with a criminal history, you should obtain
and bring your court records with you to your visa interview, because the consulate
will ask to see them. If you have the records with you, it helps to make things move
faster. If your visa is denied, you may be eligible to file for a waiver. (but you
cannot file for a waiver until you have been denied the visa) If you are reasonably
sure that you will require a waiver, your US citizen fiance/spouse can go ahead and
download the I-601 waiver form and compose a letter indicating why you should be
granted the visa. Your US fiance/spouse should send the letter and form to you to
take along to the interview. Then, if you are told you need to fiile the waiver, you
will have the waiver form and letter all ready to hand in right at the interview,
thus saving some more time.

The US citizen has to show to the satisfaction of the consulate that there is
hardship to the US citizen because of your denial and why he/she cannot live in the
foreign country instead of the US. There are several things that may validly be used
as reasons in the letter that the US citizen writes for the waiver:

U.S. citizen children who need schooling in the US. U.S. citizen children who cannot
leave the US due to previous spouse not granting immigration consent. U.S. citizen
children who would have to stay behind in the US that you would not be able to visit
frequently. U.S. citizen inability to speak the language of the foreign country. U.S.
citizen's lack of employment in the foreign country. U.S. citizen's need to care for
aging parents or relatives in the US. U.S. citizen's ownership of properties in the
US that he/she does not want to sell or cannot sell for specific reasons. U.S.
citizen's preference that you want to live in the US because it is your native
country and you are a citizen of that country. excessive cost involved in moving your
household members and goods to the foreign country, including plane fares and
transport of goods. U.S. citizen's financial loss due to the separation. get
character reference letters from anyone who can provide these for the immigrant
fiance/spouse. get letters from doctors, clergymen, and the like, regarding emotional
suffering that the US fiance/spouse is experiencing as a result of the separation.
Any letters submitted are best notarized and should include the name, address, social
security number, date and place of birth of the person writing the letter. Below are
cases which go into defining "extreme hardship", I suggest that you read and study
these for more information on what kinds of things may be helpful in defining
"hardship": http://www.usdoj.gov/eoir/efoia/bia/...dfDEC/3298.pdf
http://www.usdoj.gov/eoir/efoia/bia/...ended/3380.pdf NEW! The
Kao/Lin Case 5/4/01, a new decision that is worth reading NEW! The Agwu Okpa Case,
6/7/01, another new decision you will find informative Remember: The goal is to show
hardship to the U.S. Citizen, NOT to the immigrant fiance or spouse!

The US citizen may file the waiver form without attorney assistance, however using an
attorney may improve the chances of success, in order to be sure that the case is
presented in the best light. Attorney assistance is generally recommended for filing
a waiver."

Rick