Criminal Law criminal conviction

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marknir

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I am at present the beneficiary of an I-129F fiance visa application, my one big worry is that 12 yrs ago, in the uk, i was convicted of either theft of, or misuse of electricity, I have not yet been able to get a certificate of conviction since records of that age are not kept on computer. I was only fined £10($18), no jail time or probation and have no other arrests/cautions or convictions, if fact when i applied for my police record there was nothing showing on it.
My problem is will this make me inneligible for a visa if i declare it, and what are the chances of getting caught out if i dont.
Obviously i would much prefer to be totally honest and not have this hanging over my head, but I am desperate to be with the woman I love

please tell me what you think
thankyou
 
Originally posted by marknir
I am at present the beneficiary of an I-129F fiance visa application, my one big worry is that 12 yrs ago, in the uk, i was convicted of either theft of, or misuse of electricity, I have not yet been able to get a certificate of conviction since records of that age are not kept on computer. I was only fined £10($18), no jail time or probation and have no other arrests/cautions or convictions, if fact when i applied for my police record there was nothing showing on it.
My problem is will this make me inneligible for a visa if i declare it, and what are the chances of getting caught out if i dont.
Obviously i would much prefer to be totally honest and not have this hanging over my head, but I am desperate to be with the woman I love

please tell me what you think
thankyou
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I'm not so familiar in this area as others here but is there a time issue? I have heard that an applicant for citizenship needs to establish that he has at least 5 years of good moral character immediately preceding the date of the application for citizenship. Here is what I've found relevant and it is in the INA (Immigration and Naturalization Act) Section 212. I'm not sure what it means just yet but it is a step in the right direction.

212 GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILITY SEC. 212. [8 U.S.C. 1182]

(a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR ADMISSION.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: -

(1) HEALTH-RELATED GROUNDS.-

(A) IN GENERAL.-Any alien-

(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,

(ii) who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

(B) WAIVER AUTHORIZED.-For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g).

(2) 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).
 
more details

Thanks for your reply, I have been aware of that document for some time and unfortunatley just cant quite understand it.
I was convicted in 1992 of abstracting electricity under the theft act in the UK. I was merely fined and not sentenced to any jail time but i believe the maximum sentence this carries is 5yrs

The important question I think, Is does it constitute a crime of moral turpitude and I cannot find a sure enough definition to know?

That is the only conviction/caution or arrest i have had either before or since that date
 
Yes, theft constitutes a crime of moral turpitude in immigration law. Now the question is:

-how old were you when convicted

-what was the maximum possible sentence under the law in your jurisdiction


If the maximum sentence was less than one year your case falls under the exception of § 212 (a)(2)(A)(ii)(II). If you have been under 18 at that time your case falls under the exception of § 212 (a)(2)(A)(ii)(I).

Since visa applications require police reports and yours is not showing it, it is questionable if the CIS would ever find out about the conviction.
 
They do a fingerprint check when you submit your application for an immigrant visa. But the fingerprint check only checks the FBI database, so they check only American records.
 
NYclex

I have recently obtained a court record for my conviction, One point I was not aware of is that I was tried in a magistrates petty sessions court, Under this court , the maximum sentence the court is permitted to impose is 1 years imprisionment, is this a valid arguement for a II(ii) exception

138 General limit on magistrates' court's power to impose imprisonment

(1) A magistrates' court does not have power to impose imprisonment for more than 12 months in respect of any one offence.
 
the law says, that it must be the penal law that provides not more than 1 year of imprisonment for the crime you would be charged with. So you better want to check your penal code. It could well be that this was tried in this specific court because the law imposes no longer sentence.
 
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