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Topic: Will misspent youth affect Visa? HELP!  (Read 1113 times)

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Will misspent youth affect Visa? HELP!
« on: July 31, 2003, 01:14:58 AM »
Hi :) Any advice on this one please:

Im a UK passport holder/national. Currently live in Germany with US soon to be husband. We are looking to move to the UK after we are married. Soon-to-be husband has minor criminal offences in US (over 10 years old now, not a mass murderer, never robbed a bank etc!) which will have to be declared on forms. Will this affect him being able to live in UK with me?! He is currently military, though will leave shortly before we move to UK, though that probably wont make a difference.

Will he have problems getting a visa/ staying in the UK? My own past is clean if that helps!! I can't find any info on this..though I may just be being thick :)

Also, how much, if any of a difference will it make that we have been living in Germany for 3 years? Do I worry too much!

Thanks a lot

G

Good luck to everyone who is already going through all this. Good job we never wanted an easy life devoid of paperwork, and the inherent logistical nightmares involved in moving from one land mass to another!


Re: Will misspent youth affect Visa? HELP!
« Reply #1 on: July 31, 2003, 09:51:48 AM »
Just my opinion here, but I don't think offenses 10 years old would be too much of a problem.

What they'll be more interested in is can you two manage financially on your own....do you have a job offers, a place to live, etc.  

Do check it out tho....no fun going through all the paperwork and worry if you can make a phone call to the Home Office and get an answer easily. (Just make sure you log who you spoke to and when....they aren't exactly known for their accuracy, I'm afraid!)

Good luck to you both!  :)


Re: Will misspent youth affect Visa? HELP!
« Reply #2 on: July 31, 2003, 03:37:23 PM »
Like Wishstar, I honestly don't know.  I also share her opinion that I cannot see how minor offences that are over 10 years old would cause that much of a problem.  I would think that him being (eventually) former military (I'm presuming he'll be honorably discharged) would kind of give the impression that he's ok.  

I definitely think it's worth looking into but can't see any reason why it would bar him getting a visa.  Just my thoughts but do keep us posted as to how it goes!  Best of luck!


Re: Will misspent youth affect Visa? HELP!
« Reply #3 on: August 01, 2003, 03:30:04 PM »
I read somwhere that it's OK if the prison sentence was less than 12 months. I'm sure the fact that is was some time ago would help too.


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Re: Will misspent youth affect Visa? HELP!
« Reply #4 on: August 10, 2003, 01:59:05 AM »
I found the answer at http://immigration.about.com/gi/dynamic/offsite.htm?site=http%3A%2F%2Ftravel.state.gov%2Fvisa%3Bineligible.html and have copy & pasted the secton that applies below. I hope this helps.

Classes of Aliens Ineligible to Receive Visas

The following sections of the law are taken from the immigration and Nationality Act, 8 U.S.C. 1001, et. seq., as amended by Public Law 101-549 of November 29, 1990.

Section 212 (a) of the Immigration and Nationality Act reads as follows:
Classes of Excludable Aliens - Except as otherwise provided in this Act, the following describes classes of excludable aliens who are ineligible to receive visas and who shall be exclude from admission into the United states.

(2) CRIMINAL AND RELATED GROUNDS.--
(A) CONVICTION OF CERTAIN CRIMES.--
(i) IN GENERAL.-- Except as provided in a clause (ii), any alien convicted of, or who admits having committed, or who admits acts which constitute the essential elements of--
(I) a crime involving moral turpitude (other than a purely political offense), or
(II) a violation of (or a conspiracy 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 excludable.
(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 visas 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, 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 actually imposed were 5 years or more is excludable.
(D) PROSTITUTION AND COMMERCIALIZED VICE.-- Any alien who--
(i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, entry, or adjustment of status,
(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, entry, or adjustment of status)
procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or
(iii) is coming to the United States to engage in any other unlawful commercialized vice whether or not related to prostitution, is excludable.
(E) CERTAIN ALIENS INVOLVED IN SERIOUS CRIMINAL ACTIVITY WHO HAVE ASSERTED IMMUNITY FROM PROSECUTION.--Any alien--
(i) who has committed in the United States at any time a serious criminal offense (as defined in section 101(h)),
(ii) for whom immunity from criminal jurisdiction was exercised with respect to that offense,
(iii) who as a consequence of the offense and exercise of immunity has departed from the United States, and
(iv) who has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense, is excludable.
(F) WAIVER AUTHORIZED.-- For provisions authorizing waiver of certain subparagraphs of this paragraph, see subsection (h).


Re: Will misspent youth affect Visa? HELP!
« Reply #5 on: August 18, 2003, 07:22:39 PM »
What you have quoted relates to US immigration law. The UK has different laws. It says on the UK Home Office website that any intending immigrant who has a criminal conviction is admissible provided their sentence was not more than 12 months in prison.


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