Hello,
As most people in this forum, I'm hoping to travel to the States for some casual tourism, however I unfortunately have a police record.
Back in 2009 living in the United Kingdom, I was given a police caution for Fraud after altering some exam certificates and handing them in to authorities.
My crime was clearly a CIMT so I'm wondering if I might be able to use the petty offense exception. It is the only crime I have committed and I wasn't sentenced to any time in prison.
While I appreciate the US authorities don't recognise the UK's Rehabilition of Offenders Act (meaning my crime has already been 'spent' in the the eyes of UK authorities), do they recognise the difference between a UK summary and indictable offence?
Section 7 of the UK Fraud Act 2006 states:
Making or supplying articles for use in frauds
(1)A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article—
(a)knowing that it is designed or adapted for use in the course of or in connection with fraud, or
(b)intending it to be used to commit, or assist in the commission of, fraud.
(2)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);
(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).
I would argue that because I was only given a police caution, I was tried under section 2 b(a) as a summary conviction. Meaning the maximum imprisonment sentence is 12 months.
Or would the US authorities ignore this and just see the maximum sentence as 10 years?
Many thanks!! CN
As most people in this forum, I'm hoping to travel to the States for some casual tourism, however I unfortunately have a police record.
Back in 2009 living in the United Kingdom, I was given a police caution for Fraud after altering some exam certificates and handing them in to authorities.
My crime was clearly a CIMT so I'm wondering if I might be able to use the petty offense exception. It is the only crime I have committed and I wasn't sentenced to any time in prison.
While I appreciate the US authorities don't recognise the UK's Rehabilition of Offenders Act (meaning my crime has already been 'spent' in the the eyes of UK authorities), do they recognise the difference between a UK summary and indictable offence?
Section 7 of the UK Fraud Act 2006 states:
Making or supplying articles for use in frauds
(1)A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article—
(a)knowing that it is designed or adapted for use in the course of or in connection with fraud, or
(b)intending it to be used to commit, or assist in the commission of, fraud.
(2)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);
(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).
I would argue that because I was only given a police caution, I was tried under section 2 b(a) as a summary conviction. Meaning the maximum imprisonment sentence is 12 months.
Or would the US authorities ignore this and just see the maximum sentence as 10 years?
Many thanks!! CN
Tourist Visas: Does a Police Caution for Fraud Fall Under the Petty Offense Exception
Aucun commentaire:
Enregistrer un commentaire