Minor criminal record - 1-485 resident application approved

[dwightschrute]

Hi there folks

I am posting this topic because after reading various forums for reference purposes, I have encountered a lot of fear and hysteria regarding the above scenario.

As the title suggests, I have a criminal record (one sole arrest and conviction for attempted theft - of alcohol) dating back some seventeen years to when I was sixteen.

Since this occured in Scotland, I was convicted as an adult, not a minor and the offence still shows-up whenever I take-out a full CRB disclosure on myself. It is considered spent under the rehabilitation of offenders act but as we all know, the US does not recognise this.

I am not proud of my behaviour which led to the conviction; I take full responsibility for my actions, I'm not here to discuss the morality (or lack of) concerning this incident, however I am here to share my personal story and reassure some couples, who may have similar skeletons in the closet, that all is not lost when you come before the INS.

My wife and I married here in the US in September of last year, after approx a four year relationship. We posted off the application forms to the INS at the beginning of November, a matter of three weeks before my I-94 was due to expire and as of the beginning of Feb this year, our case was approved after a successful interview.

I must stress that our relationship is legitimate, so there was no attempt to deceive the INS. Where the criminal conviction is concerned, I declared this in November when we filed our case with the INS.

When entering the US numerous times previously on the I-94, I did not declare this offence because it did not merit (in my opinion) an affirmative answer to any of the questions that form poses regarding past criminal history.

If there are any questions you guys may have, then I will endeavour to answer as candidly as possible.

[ElenaW]

Thanks for sharing and congrats on getting the visa!

[dwightschrute]

Thank you so much!

Just to clarify - the reason I'm telling our story is not for attention-seeking or gloating circumstances.

Conducting my own research on forums such as (but not specifically) this one left me in quite a despondent frame of mind. So I vowed that if our case was approved, I would come onto a board like this and share some positivity!

Our actual INS interview was actually very pleasant (we struck-up a good rapport with the officer) and lasted little longer than thirty minutes, despite my criminal record, which was discussed for maybe five minutes of that time.

We made our application from inside the US, which I suspect may have worked in our favour.

[ElenaW]

Thank you so much!

Just to clarify - the reason I'm telling our story is not for attention-seeking or gloating circumstances.

Conducting my own research on forums such as (but not specifically) this one left me in quite a despondent frame of mind. So I vowed that if our case was approved, I would come onto a board like this and share some positivity!

Our actual INS interview was actually very pleasant (we struck-up a good rapport with the officer) and lasted little longer than thirty minutes, despite my criminal record, which was discussed for maybe five minutes of that time.

We made our application from inside the US, which I suspect may have worked in our favour.

Your case is very rare as the us immigration law likes to exaggerate and attach "crime of moral turpitude" to things that are not as major as they sound.

Can I ask, did you have to file a waiver of inadmissability for this? Or did they take into consideration that so many years had passed and let it slide?

[dwightschrute]

Your case is very rare as the us immigration law likes to exaggerate and attach "crime of moral turpitude" to things that are not as major as they sound.

Can I ask, did you have to file a waiver of inadmissability for this? Or did they take into consideration that so many years had passed and let it slide?

No, I didn't sign any such waiver. When it came to the point of the interview where this was discussed; he asked what happened and I just told him that I was a jackass - to which he agreed. But sentence was deferred for good behaviour then I was Admonished (which is unique in Scottish Law, where the conviction is recorded but the judge doesn't deem any further action appropriate).

I was sixteen at the time it happened and it was a one-off offence. Most other places, I guess I would have been considered a minor but in Scottish Law, you're an adult once you hit sixteen.

Yeah, I definitely expected it to create difficulty for our case and my wife was sick to death of hearing me doom-monger about it. But we spoke to an immigration specialist prior to lodging our case and he said that it wasn't going to cause any problems. So it might be the case that these guys have a bit of discretion to operate within?

I had filled a subject access request from Strathclyde Police, which contained a print-out from the national computer. They were great, considering my status as an ex-offender, they processed my request and even mailed it back to me here in the states and I received it withing three weeks of my sending it to them. After the dude was satisfied that I wasn't going to be a menace to society, he moved on pretty quickly. I'm hoping this might be the case for other people too who maybe have one small blot on their copysheet.

[alcot33uk]

I have 3 minor offences (again not proud!).

When I was 18 I was told to steal something from my employers or I would be stabbed (clothing store). I did it, was caught and recieved a criminal record.

When I was 25 I bought a car that had another cars tax disc in.

At age 40 I bought another car and drove it home not realising it was not insured under my own insurance policy.

(I tell you this I done even now walk on the cracks in the pavement!!).

Do you think this will cause us issue? It will be my wife applying for citizenship as a nurse specialist.

Alex

[dwightschrute]

I have 3 minor offences (again not proud!).

When I was 18 I was told to steal something from my employers or I would be stabbed (clothing store). I did it, was caught and recieved a criminal record.

When I was 25 I bought a car that had another cars tax disc in.

At age 40 I bought another car and drove it home not realising it was not insured under my own insurance policy.

(I tell you this I done even now walk on the cracks in the pavement!!).

Do you think this will cause us issue? It will be my wife applying for citizenship as a nurse specialist.

Alex

I think this is probably one for the resident experts, Alex because it sounds a bit more complex than my situation - but good luck!

[saunderscolin15]

Your case was understood and immigration authorities were kind enough to discuss and understand your position. I think it depends on the person who is enquiring all the case, if he is cool enough to give you the time to explain. Most of the time, you need the help of immigration attorneys in these type of cases. I know even the criminal cases of much lower intensity were exaggerated and had to go through all the legal procedure with the help of attorneys. However, most of the time, immigration officers are very co-operative, things happen one odd day and you never know and that may be yours...
USAFIS

[ElenaW]

I have 3 minor offences (again not proud!).

When I was 18 I was told to steal something from my employers or I would be stabbed (clothing store). I did it, was caught and recieved a criminal record.

When I was 25 I bought a car that had another cars tax disc in.

At age 40 I bought another car and drove it home not realising it was not insured under my own insurance policy.

(I tell you this I done even now walk on the cracks in the pavement!!).

Do you think this will cause us issue? It will be my wife applying for citizenship as a nurse specialist.

Alex

So you're the US citizen? What is your wife's status in the US?