Please Help I was arrested in 2004, will I be Denied?? : (

[samanthajayne226]

Hey Everyone, Im new to the site.
Id really appreciate some advice or to know if anyone has been through what im going through right now?
I am the UK citizen, in 2004 I was arrested, however recieved a warning for shoplifting. I am 21, however I was 17 at the time. On the day I was arrested I recieved a reprimand..which means I didnt have to go to the police stn, just return in a weeks time to fill out paperwork..which i did. Shortly afterwards I travelled to NYC on the vwp and when asked if i had a criminal record on the boarding card, i ansewed no..as i knew i didnt have any convictions..not really reading about having commited a crime of moral turpitude...back then i assumed that was like terrorism or something..So when questioned by immigration who asked if i had ever been arrested i ansewed no on record...as back then i didnt know i had been arrested..just told to return to the police..now im worried i may be denied entry for two reasons,, one misreprisentation and two as its only been 4 years sice being arrested? can anyone help me out? thanks x

[jsierra1982]

well, i don't know if this holds true for non-usc's, but for a USC a juvenile record is expunged when you turn 18. (i'm always afraid to state stuff like that in case i'm wrong, so correct me, people.) i mean, and was it a felony or a misdemeanor, and were you tried as a juvenile or an adult? and can you give us some more background about how you entered the country and all, and how you are applying for an i-601? i'm assuming you are married to a USC but fill us in.

welcome!

[JennyM]

well, i don't know if this holds true for non-usc's, but for a USC a juvenile record is expunged when you turn 18. (i'm always afraid to state stuff like that in case i'm wrong, so correct me, people.) i mean, and was it a felony or a misdemeanor, and were you tried as a juvenile or an adult? and can you give us some more background about how you entered the country and all, and how you are applying for an i-601? i'm assuming you are married to a USC but fill us in.

welcome!

A juvenile record doesn't get expunged unless you go to court to get it expunged. I have a friend that had charges at 16 and when they run her record, they are still on there....it was for shoplifting but was arrested.

[Daniel Green]

Hey Everyone, Im new to the site.
Id really appreciate some advice or to know if anyone has been through what im going through right now?
I am the UK citizen, in 2004 I was arrested, however recieved a warning for shoplifting. I am 21, however I was 17 at the time.

Alot would turn on the disposition of the arrest, which should indicate the statute violated and the punishment. The disposition is the guiding document in any criminal conviction issue.

What stage is your case at? (I assume you have a pending adjustment case of some kind that brought you into contact with I.C.E.) If you have a pending adjustment case, you may get in your five years that would get you out of the crime of moral turpitude inadmissibliity ground as laid out in INA 212(a)(2)(A)(ii)(1).

-Dan

[samanthajayne226]

Hey everyone thanks for your input. Well right now my I130 had been completeted at the NVC. There in the process of sending it to the UK embassy. My husband and I, have been married over a year..Ive been so anxious ever since I got my police report. I do not have any Convictions,just one arrest and a warning. I was 17 at the time of the arrest, im now 21. At the time i was stopped for stealing a lipstick, and was told to return to the police station, and speak to a member of the Youth Offending Team. The whole thing seemed really informal. I never dreamed id have a criminal record. Has anyone ever been granted a visa, after a recent arrest.

[Cynthia]

Samantha, as long as you hv all the paperworks that stated what actually had happened i.e no jail time and was just an arrest/reprimand plus the paperwork that indicated that you did meet up with the Youth Offending Team.

Mine was for CIMT and same situation as yours 'cept that I had to complete community service and pay fine. I had paperworks/proof that I did/completed both.

How did you know that you'll be charge for misrep? and not just CIMT?

In your USC HSL for the waiver, you can also include your Remorse Letter along with it.

Do read the Sticky for Approved HSLs to get you started on the waiver letter (there's a couple, if not more, posted that are approved via London).

Keep us posted.