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K1 Visa Denied due to criminal record

K1 Visa Denied due to criminal record

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Old Sep 15th 2002, 4:30 pm
  #16  
James Donovan
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Default Re: K1 Visa Denied due to criminal record

steggy <[email protected]> wrote in message news:<[email protected]>...
    > Idiots come in to prepare for an attack on the WTC
    > etcetera, but he is not allowed to marry his girl, because
    > of a conviction 9 years ago about nothing. I believe soft
    > drugs are even tolerated now in England. OK not in
    > America............but jeeeeeeeee

If he used drugs before, what is to stop him from doing it now? We
give people far too many chances when comes to immigration.
 
Old Sep 15th 2002, 4:52 pm
  #17  
Aftonokla
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Default Re: K1 Visa Denied due to criminal record

The United States has an "all or nothing" policy when it comes to DUI. We do
not have DWI laws like some European countries where you are at .08 to .15 and
not considered as serious as somebody at .30 BAC. It makes no difference in the
USA if you are at .09 or .50 BAC, you are just as guilty and the conviction is
the same. Same with drugs. Does not matter if you possess a single joint or 50
kilos of Heroin. You are still the same in the eyes of the law.
 
Old Sep 15th 2002, 7:01 pm
  #18  
Steggy
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Default Re: K1 Visa Denied due to criminal record

AftonOkla wrote:
    > The United States has an "all or nothing" policy when it comes to DUI. We do
    > not have DWI laws like some European countries where you are at .08 to .15 and
    > not considered as serious as somebody at .30 BAC. It makes no difference in the
    > USA if you are at .09 or .50 BAC, you are just as guilty and the conviction is
    > the same. Same with drugs. Does not matter if you possess a single joint or 50
    > kilos of Heroin. You are still the same in the eyes of the law.

And yet *I* made it to the US without trouble..........
--
steg
 
Old Sep 15th 2002, 7:04 pm
  #19  
Steggy
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Posts: n/a
Default Re: K1 Visa Denied due to criminal record

James Donovan wrote:
    > steggy <[email protected]> wrote in message news:<[email protected]>...
    > > Idiots come in to prepare for an attack on the WTC
    > > etcetera, but he is not allowed to marry his girl, because
    > > of a conviction 9 years ago about nothing. I believe soft
    > > drugs are even tolerated now in England. OK not in
    > > America............but jeeeeeeeee
    > If he used drugs before, what is to stop him from doing it now? We
    > give people far too many chances when comes to immigration.

What is to stop someone with a clean record coming in the US
and after a few years rob a bank?
--
steg
 
Old Sep 15th 2002, 10:34 pm
  #20  
James Donovan
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Posts: n/a
Default Re: K1 Visa Denied due to criminal record

thuan001 <[email protected]> wrote in message
news:<[email protected]>...

    > The US has a zero tolerance policy on drug use which I think is way to
    > harsh. But, tell that to the US Congress!

Why is it harsh? I think it is absolutely fair. So many bad things
accompany drugs.

First off, a significant percentage of violent crime in the USA is
related to drug use (this includes alcohol and other legal drugs). Why
should we add to the numbers? Many drug users are addicts and will do
anything to get their fix. A drug user may have been convicted once
of a crime but may have been a habitual drug user for a while before
and after that.

Most importantly, drugs affect the young folks, who are the future of
our great nation. If we show tolerance for drugs the kids will think
it is okay and our future is doomed.

So, I say that harsh penalties for drug users are absolutely
necessary.
 
Old Sep 16th 2002, 2:29 am
  #21  
James Donovan
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Default Re: K1 Visa Denied due to criminal record

[email protected] (AftonOkla) wrote in message
news:<[email protected]>...

    > The United States has an "all or nothing" policy when it comes to DUI.

And for good reason too. Do you have any idea how many road deaths
and injuries are caused by drivers under the influence of drugs or
alcohol?

http://www.madd.org/stats/0,105-
6,1789,00.html


I suggest you read that webpage and come back and tell me that it is
unfair to throw the book at someone who is drinking and driving.

Particularly this statistic is staggering:

"Alcohol consumption is a major cause of motor vehicle crashes and
injury. Historically, about half of all motor vehicle fatalities
occur in crashes in which a driver or non-occupant has consumed a
measurable level of alcohol prior to the crash. (NHTSA, 2002)"

    > We do
    > not have DWI laws like some European countries where you are at .08 to .15 and
    > not considered as serious as somebody at .30 BAC. It makes no difference in the
    > USA if you are at .09 or .50 BAC, you are just as guilty and the conviction is
    > the same.
    > Same with drugs. Does not matter if you possess a single joint or 50
    > kilos of Heroin. You are still the same in the eyes of the law.

And it's better that way, IMO. Drugs are drugs. DWI or DUI is DUI no
matter if your BAC is 0.1 or 0.3. You shouldn't be allowed to drive
if you've had 5 beers or one. Too many kids are getting killed
because they or their friends drive drunk. In many states you can
lose your license until you turn 21 if you are caught intoxicated
behind the wheel. And that's great, IMO.
 
Old Sep 16th 2002, 4:20 am
  #22  
Steggy
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Default Re: K1 Visa Denied due to criminal record

James Donovan wrote:
    > thuan001 <[email protected]> wrote in message
    > news:<[email protected]>...
    > > The US has a zero tolerance policy on drug use which I think is way to
    > > harsh. But, tell that to the US Congress!
    > Why is it harsh? I think it is absolutely fair. So many bad things
    > accompany drugs.
    > First off, a significant percentage of violent crime in the USA is
    > related to drug use (this includes alcohol and other legal drugs). Why
    > should we add to the numbers? Many drug users are addicts and will do
    > anything to get their fix. A drug user may have been convicted once
    > of a crime but may have been a habitual drug user for a while before
    > and after that.
    > Most importantly, drugs affect the young folks, who are the future of
    > our great nation. If we show tolerance for drugs the kids will think
    > it is okay and our future is doomed.
    > So, I say that harsh penalties for drug users are absolutely
    > necessary.

Get real James. No one is supporting excessive drug use, nor
excessive alcohol use. Both named: abuse.

But everybody has used alcohol (and probably is still using
it, I just opened a bottle of beer) and/or soft drugs in
their time. I tell you, coming from the drug tolerant
country named The Netherlands (Amsterdam remember, where the
American youngsters love to go, exactly for that reason) I
was so surprised. Over there you can smoke the stuff on the
curb stone, while the police passes you and gives you a
friendly hello, I never used it, it doesn't do it for me.
And I did not have *one* friend in my circle over there who
does. I do not know anyone.

I arrive in the states and now I do not know anyone who
doesn't!! Isn't that a big joke??? But I am unaware of
anybody being addicted. It is "recreational" use and
everybody is handling it perfectly as far as I can see.

The alcohol prohibition caused a lot of crime and problems I
have learned from the history books and a load of Hollywoord
movies. The War against Drugs does the same and slowly but
surely people in America are seeing that. It is not helping
anyone, it only costs a lot of money, money that disappears
in that "second economy", the drug fighters.

The problem that was addressed to was that small violation
of the law (less than a gram of "pot", 9 years ago), which
keeps the English guy away from being a perfect citizen in
the USA, married to a US girl. That I maintain is a disgrace
and typical for INS (read US) policies. It is hypocrism.

Sorry I express my feelings about that, it does not mean I
do not respect the US, I just do not agree with some of the
laws and the way they are used.
--
steg
 
Old Sep 17th 2002, 1:02 am
  #23  
Aftonokla
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Default Re: K1 Visa Denied due to criminal record

    >And for good reason too. Do you have any idea how many road deaths
    >and injuries are caused by drivers under the influence of drugs or
    >alcohol?

I don't have a problem with it.

    >I suggest you read that webpage and come back and tell me that it is
    >unfair to throw the book at someone who is drinking and driving.

I did not say it was unfair. Fairness to drunk drivers really is not a cause I
am willing to take.

    >And it's better that way, IMO. Drugs are drugs. DWI or DUI is DUI no
    >matter if your BAC is 0.1 or 0.3.

I don't agree on that. Marijuana is NOT heroin and not even in the same class.
I would rather my kid use it occassionally than to take up alcohol and
cigarettes.
 
Old Sep 17th 2002, 2:26 am
  #24  
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Joined: Aug 2002
Location: new york city
Posts: 46
Claire23 is an unknown quantity at this point
Default Re: K1 Visa Denied due to criminal record

Originally posted by Aftonokla:
    >And for good reason too. Do you have any idea how many road deaths
    >and injuries are caused by drivers under the influence of drugs or
    >alcohol?

I don't have a problem with it.

    >I suggest you read that webpage and come back and tell me that it is
    >unfair to throw the book at someone who is drinking and driving.

I did not say it was unfair. Fairness to drunk drivers really is not a cause I
am willing to take.

    >And it's better that way, IMO. Drugs are drugs. DWI or DUI is DUI no
    >matter if your BAC is 0.1 or 0.3.

I don't agree on that. Marijuana is NOT heroin and not even in the same class.
I would rather my kid use it occassionally than to take up alcohol and
cigarettes.


Can't you just enter the US under the visa waiver program or on a tourist visa, marry, and apply to adjust status at that point?
Claire23 is offline  
Old Sep 17th 2002, 5:54 am
  #25  
Steggy
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Default Re: K1 Visa Denied due to criminal record

Claire23 wrote:
    > Originally posted by Aftonokla:
    > > >And for good reason too. Do you have any idea how many road deaths
    > > >and injuries are caused by drivers under the influence of drugs or
    > > >alcohol?
    > >
    > > I don't have a problem with it.
    > >
    > > >I suggest you read that webpage and come back and tell me that it is
    > > >unfair to throw the book at someone who is drinking and driving.
    > >
    > > I did not say it was unfair. Fairness to drunk drivers really is not a
    > > cause I
    > > am willing to take.
    > >
    > > >And it's better that way, IMO. Drugs are drugs. DWI or DUI is DUI
    > > >no
    > > >matter if your BAC is 0.1 or 0.3.
    > >
    > > I don't agree on that. Marijuana is NOT heroin and not even in the
    > > same class.
    > > I would rather my kid use it occassionally than to take up alcohol and
    > > cigarettes.
    > >
    > >
    > > Can't you just enter the US under the visa waiver program or on a
    > > tourist visa, marry, and apply to adjust status at that point?
    > --
    > Posted via http://britishexpats.com

Nope (watch your quoting). You will have the same procedure.
--
steg
 
Old Sep 17th 2002, 11:43 am
  #26  
Just Joined
Thread Starter
 
Joined: Sep 2002
Location: London
Posts: 14
StephenPouros is an unknown quantity at this point
Default Re: K1 Visa Denied due to criminal record

Originally posted by Steggy:
Claire23 wrote:
    > Originally posted by Aftonokla:
    > > >And for good reason too. Do you have any idea how many road deaths
    > > >and injuries are caused by drivers under the influence of drugs or
    > > >alcohol?
    > >
    > > I don't have a problem with it.
    > >
    > > >I suggest you read that webpage and come back and tell me that it is
    > > >unfair to throw the book at someone who is drinking and driving.
    > >
    > > I did not say it was unfair. Fairness to drunk drivers really is not a
    > > cause I
    > > am willing to take.
    > >
    > > >And it's better that way, IMO. Drugs are drugs. DWI or DUI is DUI
    > > >no
    > > >matter if your BAC is 0.1 or 0.3.
    > >
    > > I don't agree on that. Marijuana is NOT heroin and not even in the
    > > same class.
    > > I would rather my kid use it occassionally than to take up alcohol and
    > > cigarettes.
    > >
    > >
    > > Can't you just enter the US under the visa waiver program or on a
    > > tourist visa, marry, and apply to adjust status at that point?
    > --
    > Posted via http://britishexpats.com

Nope (watch your quoting). You will have the same procedure.
--
steg
This is the course of action that my lawyers have actually advised me. Yes Steg you will have the same procedure and the same laws, but I will have the enormous advantage of being able to have direct legal representation in the USA that I cannot have in the US embassy in the UK. Also if my application is denied in the US I have the right to appeal and the case can be presented before an immigration judge, if my case is denied again in the US embassy I have no comeback so there are many advantages to Claire course of action.
StephenPouros is offline  
Old Sep 17th 2002, 12:01 pm
  #27  
James Donovan
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Default Re: K1 Visa Denied due to criminal record

[email protected] (AftonOkla) wrote in message
news:<[email protected]>...

    > I don't agree on that. Marijuana is NOT heroin and not even in the same class.
    > I would rather my kid use it occassionally than to take up alcohol and
    > cigarettes.

Well it is part of your Rastafarian heritage...
 
Old Sep 17th 2002, 1:40 pm
  #28  
Stuart Brook
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Default Re: K1 Visa Denied due to criminal record

    > > Can't you just enter the US under the visa waiver program or on a
    > > tourist visa, marry, and apply to adjust status at that point?

No, because 2 things ... you've a criminal record, therefore you're
ineligible for entry under the VWP, so you've made an illegal entry.
You're not permitted to enter on a tourist visa or the vwp with intent
to remain in the US, therefore you've committed visa fraud.

During the AOS process, you are still screened for your criminal
activities.
 
Old Sep 17th 2002, 4:21 pm
  #29  
Just Joined
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Joined: Sep 2002
Location: London
Posts: 14
StephenPouros is an unknown quantity at this point
Default Re: K1 Visa Denied due to criminal record

Originally posted by Stuart Brook:
    > > Can't you just enter the US under the visa waiver program or on a
    > > tourist visa, marry, and apply to adjust status at that point?

No, because 2 things ... you've a criminal record, therefore you're
ineligible for entry under the VWP, so you've made an illegal entry.
You're not permitted to enter on a tourist visa or the vwp with intent
to remain in the US, therefore you've committed visa fraud.

During the AOS process, you are still screened for your criminal
activities.
Are you SURE about this, my Lawyer has the full details of convictions and has advised me that it will not be a problem...

I have also contacted another Lawyer to get a 2nd opinion and they confimed that this would be the best course of action from me
StephenPouros is offline  
Old Sep 17th 2002, 6:13 pm
  #30  
Steggy
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Default Re: K1 Visa Denied due to criminal record

StephenPouros wrote:
    > Originally posted by Stuart Brook:
    > > > > Can't you just enter the US under the visa waiver program or on a
    > > > > tourist visa, marry, and apply to adjust status at that point?
    > >
    > > No, because 2 things ... you've a criminal record, therefore you're
    > > ineligible for entry under the VWP, so you've made an illegal entry.
    > > You're not permitted to enter on a tourist visa or the vwp with intent
    > > to remain in the US, therefore you've committed visa fraud.
    > >
    > > During the AOS process, you are still screened for your criminal
    > > activities.
    > >
    > Are you SURE about this, my Lawyer has the full details of convictions
    > and has advised me that it will not be a problem...
    > I have also contacted another Lawyer to get a 2nd opinion and they
    > confimed that this would be the best course of action from me
    > --
I have the feeling the lawyers have a good point here. I do
not believe that the Visa Waiver contains a question that
would bring you in trouble. If it would, tourism in America
would collaps)

Of course the denial you got in the UK will be in your
records, so they might claim you are willfully trying to
sneek in.

It is true that using the Waiver with the intent to stay is
not permitted. I personally know one example of a Dutch girl
who did that. It took her some talking but now she lives
permanently inthe US with a Greencard. After 3 years of non
traveling and waiting.

The difference is: she could just claim that she did not
enter the US to get married, it just happened during her
stay. In your case that seems a bit hard to claim, since you
already applied for a K1.
--
steg

http://members.lycos.nl/henkweer-
man/

 


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