Criminal Law Another Criminal Question

[muggsyj]

This seams to be a common question on here, but Mine I feel is a bit Different.

My wife and i want to go to the US from the UK, start a bussiness, buy a house, and live in the sun.
I was thinking about applying first of all for a B1 Visa so we could have an extended stay for 6 months, to look for a business, house.

The Visa Application says that you have to say whether or not you have any convictions.
I have Spent convictions but they need to be put down aswell.
I was in trouble from the age of 15 to 17, never served a term but did get community service. I was at that time a scallywag and did not hang around with the most freindly of faces. I feel I was very lucky at the time to get off as lightly as i did.

I am now a pilar in the community, 38 years old and have been married for comming up 20 years and have a son who is currently studying in a US University (who would also be mortified if he new of my rocky past as I have brought him up with strict morrels and sound judgment)

Please advise me if you can on my condition to this application, before i go any further.

Many thanks.

 

[NYClex]

This is the law:

Criminal and related grounds.-
(A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one 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 (regardless of the extent to which the sentence was ultimately executed).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.



So, you have to check:

-how many convictions do you have. Keep in mind that under immigration law a conviction is any court imposed sanction, even if the court might have called it differently.

If you have more than one conviction, you have to add the times of confinement you were sentenced to, regardless if they have been suspended or not. If they add up to more than 5 years you will not be admissible.

If they do not add up to more than 5 years you then have to take a second check:

-do more than one of the crimes involve moral turpitude? If yes, you cannot be admitted.

If not, then you do a third check:

-did one crime only involve moral turpitude? If yes, then was the crime committed before you were 18 and at least 5 years ago? Then an exception applies.
or
-did one crime only iinvolve moral turpitude, was committed after you were 18 or less than 5 years ago, but had a maximum penalty of one year in prison and you were only sentenced to not more than 6 months in prison, then an exception applies.

If no exception applies, you are not admissible.

Last, if so far you are admissible, you check a fourth element:

-did any of the convictions involve drugs, firearms, terrorism, genocide, money laundering, people trafficking etc etc. then you are inadmissible.

 

[muggsyj]

You be the Judge?

First of all Thankyou for a swift reply, It was very imformative.
I am struggling to translate the word Turpitude and still am non the wiser if I would stand a chance of my Visa.

So here go's,,,,, I first of cant remember what I even did back then, I think I was charged with theft. It seems a lifetime ago.
To be realy Honest with you I think at the time the Judge felt sorry for me as it was a group of about five people and I was the youngest and was doing as I was told.

I was however made to pay, Just like every one else I think I got 2 years probation and 180 hours community servis. That was the last ever time I saw that side of the law.(age 17)
Please do not think I am trying to paint a rosey picture of myself because at the time in question, I was just the same as any other scallywag.

I do now feel though it is not in my nature by any means to even contiplate any stlye of an unorderly conduct. I forgot my past a long time ago and am finding it hard to recall anything that went on back then, I was young and stupid and did not have the right family enviroment. ie (broken Home)

It now feels to me a crying shame, that after all those years past I may be made too suffer yet again? So what I would like to know is How would my chances fair? I have visited the US on about four occasions and have never had any problems. In fact quite the opposite.

Please reply soon

Yours truly

Mark.

 

[NYClex]

No problem, the term "moral turpitude" is pretty confusing. Your problem is, that theft crimes are defined as crimes of moral turpitude. So you need to be sure that you only have one and not more convictions for any theft crimes.

There also are some other crimes defined as moral turpitude crimes, so it really would be best if you could try to find out what exactly is on your record. If you apply for a green card some day you will be asked to provide a police record, so it would be best to get one now from your authorities to find out what is in it.

 

[muggsyj]

NYCLex

Thankyou again Lex,

I think I may employ your sevices when I get over, you have been most helpfull.
You definatley seem to know your stuff, If you would like to drop me an e-mail we could probebly sort somthing out because I would rather have a green card.

muggsyj@hotmail.com

yours truly Mark

 

[muggsyj]

NYCLex

Hi Lex,

Just an update of information for you.
I done what you said applied for a record check on myself, Interesting fact If you advise someone to do this again.

The ONLY way someone in the UK can get a personal check is to go to there LOCAL police district where they live and fill in a form called an A96, Which is a, Subject Access Request, Under The Data Protection Act.

This process cost £10 pounds and takes approx 40 Days, for the process to be returned.

I will be in touch soon with my results and my next Question.

May I take this oppertunity aswell to thankyou and this site for the fantastic help you provide and your quick responce and appoligise for my terrible spelling!

Yous truly

Mark.

 

[NYClex]

Good to know. Thanks