On 17 Apr 2007 13:36:37 -0700, "olwagner@netcourrier.com"
wrote:
>On Apr 17, 1:37 pm, bigkevkev
>wrote:
>> Hi all,
>>
>> I'm hoping for some positive outlook.
>> I am in the process of applying for my K-1 Visa to marry my US citizen
>> fiancee.
>> I am 25 years old, have a good. My problem is that I have had 3
>> previous Uk police cautions. 2 of them were just under 5 years ago for
>> fighting and on a seperate occasion for possesion of small amount of
>> cannabis. I was also cautioned again about 1 month ago for possesion of
>> cannabis.
>> Will I be able to get my visa?
>> How do the US consular office view cautions for possesion of cannabis?
>> am I screwed?
>> any advice would be appreciated.
>> thanks
>>
>> --
>> Posted viahttp://britishexpats.com
>
>Screwed? No, the technical term is "ineligible"
>
>More info: http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html
>
>If nothing else, you fall in the following category:
>"(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."
>
>You will have to file form I-601 ( http://www.uscis.gov/files/form/i-601.pdf
>) and get it approved before a visa can be issued to you.
>
>You can still show up for the interview ; if you manage to get the
>consular officer on your side, he may recommend your I-601 to be
>approved.
>
>It may also be advisable to see an immigration attorney to find to
>best way to present your case to get the I-601 approved
>
>Good luck
I don't know for sure, but from your own quote it doesn't appear to me
that the OP's previous 3 UK Police "cautions" (whatever that means)
don't amount to offenses that resulted in "aggregate sentences to
confinement were 5 years or more". So, unless she spent 5 years or
more in jail (=confinement) she could still be eligible. She needs to
talk to an immigration expert/attorney. |