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Fiance Visa and Criminal Record - Please Help!

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Mortimer
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Fiance Visa and Criminal Record - Please Help!

Post by Mortimer » Thu Jan 11, 2007 8:13 am

Hello All,

I am a UK citizen and my fiance is a US citizen

I met my fiance on-line about 18 months ago. I have been to the US twice using the VWP and she has visited the UK once.

We are about to start the process of applying for the Fiance Visa so I can move to the US and we can marry.

About 17 years ago I was convicted of a minor assault.

Since that time I have never been in trouble. I have been in constant employment and have studied sucessfully for a degree

Is my conviction going to prevent me from moving to the US?

I am very distressed about the whole thing and have attempted to find out the answer on-line but to no avail.

Please help.

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Thu Jan 11, 2007 10:18 pm

Hi Mortimer,

Sorry to bring bad news, but you may be in trouble; not because of your old conviction but because you visited the US under the VWP. You may have noticed on the form they asked you to fill in on the plane a question asking "Have you ever been arrested or convicted for an offense involving moral turpitude [...]". What exactly is a crime involving moral turpitude (CIMT) isn't clear at all. However, according to the visa wizard on the website of the US Embassy in London, if you have anything more serious than a traffic violation you shouldn't use the VWP, even if it did not result in a conviction. If this is correct and simple assault is indeed a CIMT, then you entered the US illegally twice. If you apply for an immigrant's visa, the US authorities are bound to find out about your old conviction and your visits to the US under the VWP. I think the best thing for you would be to consult a good US immigration attorney.

Mortimer
Newly Registered
Posts: 6
Joined: Thu Jan 11, 2007 7:59 am

Post by Mortimer » Fri Jan 12, 2007 12:05 am

Thanks for the reply and advice...

Its obviously not what I wanted to hear.

I thought that the conviction might be accepted due to the length of time that has elapsed and its minor nature. Is this likely?

A couple more questions regarding the above reply...

A good US Immigration attorney....

How much will his/her advice cost?

And....can you recommend any?

Once again any advice is welcome.

Thanks

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Fri Jan 12, 2007 8:02 am

I have posted a message on two US immigration newsgroups, alt.visa.us and misc.immigration.usa, (see here) on this topic. You may want to post there as well. One person said that simple assault is not included in the definition of CIMT, which would be good for you, but even in that case you would still need to get a waiver for your previous conviction. When you apply for an immigrant visa you need to include a police certificate, and it will show up there. The US authorities unfortunately don't care that a conviction is considered "spent" here. I don't know any US immigration attorneys myself, but I'm sure someone on the newsgroups would be able to put you in touch with some.
Good luck,

Marco

Mortimer
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Posts: 6
Joined: Thu Jan 11, 2007 7:59 am

Post by Mortimer » Fri Jan 12, 2007 8:10 am

Thanks Marco72,

I actually looked up the definition of CIMT and a minor assault NOT to fall under this category. But like you say its still a conviction.

I'm just very upset and worried by the whole thing.

I know this something I covered in another post/reply but I got the guidance notes for the Fiance Visa from USCIS and they actually list your options for the next step as going to the US on the VWP and marrying over there...I know you replied advising that if you were to mention that at Customs they would probably refuse you entry but if you don't mention it and go ahead and marry there it then implies you can apply for a change in status...I've seen so much conflicting information its a nightmare.

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Sat Jan 13, 2007 12:01 am

Some good news: look at this article, in particular this section:

"2. Criminal and Related Grounds:

Excludable on criminal and related grounds are the following:

1. Aliens convicted of, and those who admit having committed either
1. A crime involving moral turpitude (or an attempt or conspiracy to commit such a crime), or
2. A violation of (or a conspiracy or attempt to violate) any law or regulation relating to a controlled substance.

Exceptions: an alien will not be ineligible for a visa if the alien committed only one crime involving moral turpitude and if
1. the crime was committed when the alien was under the age of 18 and the crime was committed (and the alien was released from any confinement imposed for the crime) more than 5 years before the date of application for a visa or admission to the U.S., or
2. the maximum penalty possible for the crime did not exceed imprisonment for 1 year, and if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months.
"

If your crime was simple assault (i.e. without actual bodily harm) then you should be covered by the second exception. Even if not, the article says it is possible to get a waiver for immigrant visas if

"the activities for which the alien is inadmissible occurred more than 15 years before the date of the application for a visa, admission to the US or adjustment of status, and the alien’s admission would not be contrary to the national welfare, safety, or security of the US, and the alien has been rehabilitated."

which should cover your case. As I said, the best thing for you would probably be to contact an immigration attorney. You may want to look at these guys. I don't know anything about them, I just found about them on Google, but they are based in London and seem to specialise in US law. The article I quoted was taken from their site. They should also be able to advise you on the possible consequences (if any) of your having used the VWP to visit the US. Good luck!

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Sat Jan 13, 2007 12:14 am

I forgot: it's ok to get married in the US on the VWP if you don't intend to settle there. That's what I did, a couple of years ago, and my US citizen wife joined me in London a few weeks later. I didn't tell the immigration officer I was travelling to get married (I didn't think it was any of their business). When they asked me the purpose of my visit I just said "pleasure". It may still be possible for someone to travel on the VWP, get married, and apply for an immigrant visa there, but I don't know much about that.

By the way, I don't think anybody ever asked my wife if she had any convictions when she moved here...

Mortimer
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Posts: 6
Joined: Thu Jan 11, 2007 7:59 am

Post by Mortimer » Mon Jan 15, 2007 7:39 am

Thanks again Marco72

That is good news. I did contact one US Immigration attorney based in NY and it was basically we'll tell you what you want to know once you hire us which is only their job I suppose.

I will try London based ones you recommended.

Once again thats for your help and time.

Danny

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