mcjimbo

Hi guys,

I'm planning on immigrating to America through the K1. I'm a UK national. I had a drink driving conviction over a year ago, stupid thing I know. I did a course to reduce my license ban, and needless to say i've learned from my mistakes.

Firstly does anyone know what effect this will have in regards to my application. Will it be delayed because of this, and possibily not even considered.

Has anyone had a similar conviction and been approved ok, and can give me any recommendations on what I should say or do when my interview day comes? Or in regards to the paperwork?

Thanks in advance

James

whatever

First of all you would do well to understand your position better if you can establish whether your conviction would be considered CIMT (crime involving moral turpitude). If it is, you could be denied a visa at your interview as the conviction happened within the last 15 years. Of course the best thing (the easiest thing) for you to do is contact an immigration lawyer for reliable advise.
In the meantime, I would suggest that you take a look through the archives on this board for info concerning K1 and convictions to satisfy your curiosity on this subject. I am going through something similar BUT it is for a Green card so will probably be treated differently by immigration.
Best wishes with it all.

mcjimbo

Whatever,

I just got this definition off a U.S. immigration lawyer website of a CIMT:


CRIME INVOLVING MORAL TURPITUDE (CIMT)- The Act does not define the term crime involving moral turpitude, but it generally refers to conduct that is fundamentally wrong. Many of these crimes are also aggravated felonies. CIMT offenses include:
-crimes in which intent to steal or defraud is an element (e.g., burglary, embezzlement, stealing cellular air time, etc.)
-crimes in which bodily harm to another is done or threatened intentionally (e.g., murder, rape, assault with a deadly weapon, etc.) or by recklessness (e.g., vehicular manslaughter, etc.).
-most sex crimes (e.g., prostitution, adultery, etc.)

I've been to the U.S. a few times and drink driving over there is treated with a warning, not a conviction. I went to the local county magistrates court, pleaded guilty and paid a £350 fine. I didn't hurt anyone, so what do others think here?

Cheers

James

Folinskyinla

Hi:

I am a lawyer but I am NOT your lawyer. I haven't seen your paperwork and don't know the particulars of your conviction. However, generally speaking, a single DUI is NOT a crime involving moral turpitude [aka "CIMT"].

I don't have the cite handy, but I recall a case from the BIA several years back where they DID hold that "AGGRAVATED" DUI was a CIMT. However, if memory serves me correct, there were multiple offenses and the last one occured while his license was suspended because of his prior DUI's.

Also, I hesitate to make any definitive statement without also examining the precise terms of the statute you were convicted under. I had a case some years back which involved a conviction for driving without insurance -- which is considered to be "malum prohibitum" and not "malum in se" and therefore not a CIMT. However, the statute under which he was convicted treated not having insurance when you got into an accident as a species of "hit and run" -- which IS a CIMT.

You may want to consult with an American Immigration Lawyer in the UK. There are several practicing in London.

mcjimbo

Thanks for your advice Folinskyinla.

This is I guess the only real blip on my application so to speak, its amazing how one stupid mistake may effect this whole process.

I didn't do a hit and run. I was stopped by officers, breath tested, found over the limit and was taken back to the station and charged. This happened in the UK not the US.

I want to make sure my application goes through so I might seek the services of a US immigration lawyer in London. Can you recommend a good lawyer, or friend in London that I should contact?

Thanks for all this advice

James

CharlieS

First of all you would do well to understand your position better if you can establish whether your conviction would be considered CIMT (crime involving moral turpitude). If it is, you could be denied a visa at your interview as the conviction happened within the last 15 years.



Just a brief question. You made reference to the visa being possibly refused if the conviction happened within the last 15 years. I was under the impression that there were no time limits on convictions as far as visa applications are concerned. Am I wrong?

doctor scrumpy

Adultery is a CIMT ?

Folinskyinla

Hi:

Kehrela Hodkinson or her partner Edward Gudeon -- (207)493-1595. They are on Grosvenor Square for obvious reasons.

They do do consulation and they are not cheap [the UK IVA is pretty steep]. However, a consulation will at least quide you through the process even if they don't help you otherwise.

Feel free to give my name.

whatever

FYI: They charge £300 for Consultation and I have seen these recommended several times so that is promising.

whatever

Scary huh!!!! I'm pretty sure I read in the Foreign Affairs Manual (bedtime reading hmmm i'm an interesting girl lol) that suicide (nit attempted - actual suicide) is not considered CIMT!!! Oh how my stomach hurt!!! (I pron=bably just red it wrong).

whatever

p.s. sorry about bad typing - jetlagged!!!!

whatever

You are correct. There is no such thing as a 'spent' conviction within immigration law. The 15 year period applies to (section 121(h) single conviction involving less than 30grams of marijuana http://www.inadmissibility.com/212a2...212a2AiII.html
My mistake, apologies for confusion. I do know that the age of the conviction is taken into consideration for waiver purposes and I have read something about that on this site too... I will try to find it so I can refer you to it and also satisfy my own mind that I am in fact not going mad and did actually read it!!! LOL

cindyabs

It was and I think still is a felony in Georgia..........

CharlieS

This whole Visa thing is enough to give a man ulcers.
1 stupid thing on a police record from 18 years ago when I was a juvenille, and its driving me mad. It also raises the question, if you go into the USA on VWP and then marry, you are not asked to present a police report, isn't that double standards or do the BCIS apply for it themselves?
Amazed if anyone can answer this.

Folinskyinla

Hi:

You are correct that the same law applies. However, the procedures are stricter for immigrant [including the K-1 "non-immigrant"]. The Immigration & Nationality Act gives the government authority to waive certain procedural requirements.