Green card & criminal record

Am I the only one disturbed by the number of criminals trying to get in?

Hi,

I am a US citizen and my husband is British. I currently live in London with him on a settlement visa. We've decided that we prefer to live in America but my husband does has a criminal record from 12 years ago.

He has a Class A drug possession conviction which he was only give a fine of £350.00. Other than that he was only arressted once recently but on an accusation and never charged (nothing drug related). He has been granted a Visa wavier 2x's to visit the US but we would like to now settle there. Is it at all possible for him to be granted a green card with this conviction if the conviction has been spent and he never had to "serve time" and only paid a small fee.

It was a stupid mistake, he was 19 and caught with MDMA at a music festival.

Please help, my family is all there and now my kids are too (from a previous relationship).

@HaileyinHongKong People makes mistakes in life, especially as a teen(you never know what life what like for them growing up). People change and grow up, you shouldn't judge them for that. My husbands situation scared him straight and he's not the BOY he was at 19, he's a man grown now with a family.

Hey everyone.

Anyone know if you can get a tourist visa to the US or even move there later (after the next 15 years or so) when convicted for a class D insurance fraud? The total sum for (Car) was 9900 US dollars

Will I have a problem going trough the appropriate channels getting a visa and so on?

Best Regards
N

I don't doubt that 19 year old boys can do pretty stupid things sometimes, but when a country only has so many visas to give out, why shouldn't they give them to people who never repeatedly broke the law?

!

Hi everyone
Hi everyone & thanks for the advice especially Elvatokolo.
My greencard finally arrived back in May ! So there is hope for people with previous minor convictions ! The whole process took two years and three months but that included 4 RFE's ! I found the USCIS agent very friendly and encouraging and it was he who unofficially said at my 601 interview that "I didn't have anything to worry about and that I'd get it" As I wrote previously,he said the 6 reference letters about changed character etc really helped

howieg wrote:

Hi everyone
Hi everyone & thanks for the advice especially Elvatokolo.
My greencard finally arrived back in May ! So there is hope for people with previous minor convictions ! The whole process took two years and three months but that included 4 RFE's ! I found the USCIS agent very friendly and encouraging and it was he who unofficially said at my 601 interview that "I didn't have anything to worry about and that I'd get it" As I wrote previously,he said the 6 reference letters about changed character etc really helped

Congrats!
Glad it worked out for you.

Take care and welcome to the US.

howieg, I am in a situation too here. Would you mind me asking you a couple questions through Private messages.i would appriciate it very much, since i ve been freaking out after doing research on the internet as well Thanks

May i ask if you filed the I601 when submitting your AOS, or did you wait for the interview and were told there to do the waiver?
Would you mind telling me the approx timeframes from submitting Aos, to interview etc.I saw it took over two years. So there is no worrys i might get send back home while its in process right?
I'm sorry, i have so many questions, your case just seems alot more helpful than anything else i found on the internet

Please refer to this flow chart for more information on the process.

http://www.uscis.gov/sites/default/file … 1chart.pdf

Information on the I-601 can be found here.

http://www.uscis.gov/i-601

Detailed informations and instructions on the AoS status can be found on this page.

http://www.uscis.gov/green-card/green-c … ent-status


PM me if you need further information on the process.

Hello all,

I wanted to write this if/when I finally made it to the promised land.

My story has alot of ups and downs. The long and the short is I wanted to move to the USA to teach.


Prior to me moving I got into some trouble and was arrested and cautioned for possession of a class A. This was an awful time and one I will never forget. After leaving the police station it felt like everything fell apart. Fortunately, I have an amazing family and supportive partner.

It took time. It took over a year...lots of paperwork...lots of emails...phonecalls...money for lawyers...visa interviews...doctor appointments to prove I was not a user...etc..BUt eventually I was granted a holiday visa.

I was over the moon. I then applied for a J1 exchange visa ...which I too recieved for 3 years.

I learnt alot from my mistakes and put in the hard work and persisitence to get where I wanted to go. I followed the law and the visa process and was honest with them. They were very efficient...and granted me my visas.


I dont plan on popping back onto these forums alot - or maybe again...but I wanted to write this for the people reading, looking for hope...or some light.

There is. All I read were negative opinions and posts...so this is my positive experience.

Thank the Lord

Welcome!

Glad you went about the honest way to correct your past mistakes. Honesty is the best policy, especially when trying to clean up your act. While some offenses will automatically disqualify one from entering or getting a visa, the majority will not. Everyone makes mistakes.

Matt-

That great news and it is so important to stay positive and have faith ! The Lord sometimes gives us challenges just so we have to completely turn to Him and remember who is really in charge of everything. Yah sustains all life yet He cares about our little issues better than the best Father.
  Proverbs 3:5-6
5 Trust in the Lord with all your heart
    and lean not on your own understanding;
6 in all your ways submit to him,
    and he will make your paths straight
    Philippians 4:6
6 Do not be anxious about anything, but in every situation, by prayer and petition, with thanksgiving, present your requests to God.

Hi Howieg. First of all I'm soo happy for you!! I can imagine, it must have been hard and sometimes depressing. I know because I am currently going through the same thing.

I went for my K visa interview back in May 2014 and I was denied because of my previous convictions from 2001, 2002, 2004 and finally 2007, but was given an option to apply for a waiver. My convictions were for shoplifting, handling stolen goods and failure to attend court till court rises. My penalty were conditional discharge and fines. I haven't committed any crimes since then.

We decided to use an Immigration lawyer and still at the first stage of putting the documents together..which is becoming a huge pain in  the neck as I have a 7 month old a Baby to care for and gathering documents constant headache for my fiancé and I because of this issue.

Would the USCIS take the fact that I have a US citizen Baby into account..to grant me a waiver? My Fiancé has been married before with kids, he has a job and he is  settled in the US- has been for the past 20 years so there us no way he can move to the UK to be with me.

I just want to find out from you that apart from the Police Certificate you provided, did you also gave to provide the court records from the courts you were convicted in?
I called the courts and was told what I have on my police certificate is exactly the same thing on the court records except that it would be signed for if requested.

Did you have to provide the court records also...along with your Police Certificate?

And would you please be able to list the documents you sent with your I-601 package? The types of references you also sent?

I would really appreciate the help and anything else you think might be of help advice etc...

Looking forward to hearing from you.

Nikky.

Nikky
Sorry to hear about your hassle, I can't give any "expert" advice,only relay my personal experience which was that for me the waiver process was suprisingly easy and the USCIS agent in Tampa was very encouraging and "on my side" even unofficially telling me I would have no difficulty and would have his "vote"
Due to finding "horror stories" about the I-601 on the internet I was expecting a difficult challenge and worrying until he reassured me.
Along with the police certificates I also got court certified copies from UK for my many convictions.These were expensive (60 gbp each) and time consuming to get. A few were unobtainable due to being 20 years ago and the USCIS didn't mind so maybe they aren't too fussy about them after all but obviously its best to produce everything they ask for.
The reason of the 601 is to prove you are now very law abiding and someone they want to have living here so I really recommend lots of references from anyone important sounding with headed paper.
I got about 8 glowing references of my reformed character from Christian leader friends emphasising all the good things I now do. I also said how much I regretted my past mistakes and that how different my life is now.
My reasons for "extreme hardship" were actually very brief and I only wrote half a page,I wanted to be 100% truthful and not exaggerate.I said our music career would not support us in the UK as it does in USA and it would be much harder for my US wife to gain UK residency,plus all her family is nearby and her parents often need caring for.
Lots of family photos speak volumes and can win the agents sympathy and support.
I would say you have a strong case having a child here so I would bring your baby to the interview.
I really hope it works out as easily for you as it did for me and this process would not be stressful (prayer and faith can move mountains ! The Lord does want us to call on Him and uses these situations to get us to turn to Him )
Blessings and success to you
Howie

Hi Howieg, can you please give me some advice? I am a US citizen and my husband is British, we have been separated for 11 months now. He is going to need a 601 waiver and our US immigration attorney has told us that we have to get certified copies of each conviction from each court. We have been asking his UK attorney for 7 months now to please help us get them but so far no luck. Can you please tell me how you got yours? Is it possible for me to order them online? Also I was wondering if you used an immigration attorney? We are so frustrated and overwhelmed, and at this point just really discouraged:( I would appreciate any info that you could share. Thank you!

Hi US-UKinlove
The certificates are not difficult to get and the UK people were helpful,for me over 20 years some court records were lost so they they just replied "unobtainable" which the USCIS accepted. I had to contact 4 Police counties and about 6 Magistrate courts .
I requested firstly my ACPO criminal records  just to get all the details and dates (10 pounds)  http://www.acro.police.uk/
Then the police certificates (10 pounds each) from the local county constabularies by online or calling them
Then the Certified Court Records for each case (60 pounds each) by calling each Court..
You can request all at the same time if you know the correct dates etc.

I didn't use an attorney  and actually everything was much easier than I expected.Its just all a bunch of forms that seemed very simple to complete and I found doing the 601 much easier than the I-485.

I was already in the US so the long wait didn't affect me (2yrs 3 months -but it would have been much less if not for RFE's ,form filing mistakes and long mailing delays due to travel)
I came on a tourist visa then applied for I-485 and then was told I had to do the 601 waiver. We didn't plan it that way but just decided whilst here in the US to apply to stay. It seems easier to do it that way round to avoid separation.

I hope and pray for you (and everyone going through this) to have abundant FAITH and HOPE and that it will be simple and easy to begin life here together. I did find the process discouraging initially because of all the internet scare stories and pessimistic attorneys trying to get work but really it wasn't complicated, just a bunch of hoops to go through.
Its really great that they offer the redemption of the 601 waiver to give us a second chance and not just refuse anyone with prior convictions so I feel very grateful as we all should !
I hope this helps.

I don't know much about this but it seems to avoid separation easier to come to USA on a tourist visa then apply for I-485 adjustment here within the months. The I-485 has sub forms so the applicant can work  I-765 and travel overseas  I-131
And purely in theory one shouldn't tick any boxes on the immigration form about "crimes of moral turpitude" and keep very quiet about plans to stay/get married, which of course I am not recommending just speculating !

Hi Howieg,
Thank you so much for all the information, it was very helpful.

hey guys
I was arrested for criminal damage when I was 14 (breaking a window) and again when i was 17 for having a fight  . each time I spent a few hours in the local police station , I never ended up in court and I've  never done anything to brake the law again , I was just a stupid kid . I am now 26 and married to a USC and applying for green card outside of the US , could they hurt my chances of getting my visa,
thanks everyone

HaileyinHongKong wrote:

Am I the only one disturbed by the number of criminals trying to get in?

No

Hi forum items, I had a conviction of battery while looking after a vulnerable adult with severe Alzheimer 2014 . She was  lashing out on me while feeding her in the dinning room with other carers.The judge convicted me for using restraint on her while defending myself. I lost the case when I appealed but was given the lowest minimum fine in the court with 100hrs unpaid community work Right am married to my fiancée in usa. Is there any need to disclose this conviction in my visa application? What will be d consequence if I did disclose it? though am filing from the United states. I need an expert and experience advice from the forum. THANKS AND GOD BLESS

Jesse mirian wrote:

Hi forum items, I had a conviction of battery while looking after a vulnerable adult with severe Alzheimer 2014 . She was  lashing out on me while feeding her in the dinning room with other carers.The judge convicted me for using restraint on her while defending myself. I lost the case when I appealed but was given the lowest minimum fine in the court with 100hrs unpaid community work Right am married to my fiancée in usa. Is there any need to disclose this conviction in my visa application? What will be d consequence if I did disclose it? though am filing from the United states. I need an expert and experience advice from the forum. THANKS AND GOD BLESS

OF COURSE you have to disclose it.......you have a criminal record. The checks completed by the issuing visa authority will find it anyway and will most likely prevent entry at the airport for not disclosing this initially. Basically, the authorities may think, if you have lied about that, what else is untrue on your application.
Honesty is the best option  - ALWAYS,
Chuckle Butty