Police check showed an offence on my husband record help please

[EURO2014]

OK - as others have said, the definition of CIMT is somewhat vague. There is a good link below that makes a lot of sense about how a crime is considered a CIMT or not. Ultimately, each case is different and the decision of whether someone is inadmissable because of a certain crime is up to the CO, or their supervisors.

In the case you have described you are right to "fess up". Being up front/transparent about the issue is very important. The other important thing is to prepare yourselves for the interview by gathering documentation about the conviction, the circumstances and so on. With crimes involving possession of stolen property, I believe the linked article is accurate in differentiating that a key element is knowledge. Knowingly receiving stolen goods is a heck of a lot different to unknowingly receiving stolen goods. If the latter case is the case (and can be shown with documentation about the conviction) then I would be surprised if this conviction caused an issue to your immigration process.

http://shusterman.com/pdf/cmt04.pdf

Very useful information, indeed.

 

[EURO2014]

No one here is pretending to be an attorney.
And you've personally given plenty of advice without disclaimers before.

I really try to refrain from providing legal advice as prohibited by law in my State. Don't blame me for acting in line with the law Preparing for my Citizenship Application after all.

 

[Britsimon]

Oh, there are many prohibitions in both state and federal law on this point. As just one example, an excerpt from Georgia State law:
"15-19-51 Unauthorized practice of law prohibited.
(a) It shall be unlawful for any person other than a duly licensed attorney at law:
(1) To practice or appear as an attorney at law for any person other than himself in any court of this state or before any judicial body;
(2) To make it a business to practice as an attorney at law for any person other than himself in any of such courts;
(3) To hold himself out to the public or otherwise to any person as being entitled to practice law;
(4) To render or furnish legal services or advice;
(5) To furnish attorneys or counsel;
(6) To render legal services of any kind in actions or proceedings of any nature;
(7) To assume or use or advertise the title of “lawyer,” “attorney,” “attorney at law,” or equivalent terms in any language in such manner as to convey the impression that he is entitled to practice law or is entitled to furnish legal advice, services, or counsel; or
(8) To advertise that either alone or together with, by, or through any person, whether a duly and regularly admitted attorney at law or not, he has, owns, conducts, or maintains an office for the practice of law or for furnishing legal advice, services, or counsel." (highlighting included).
In my practice as Business Consultant it is mandatory to make 100% clear that I am not providing legal advice to my clients in any form or shape.

Yep - NONE of that relates to us - because again - we are not provide legal advice or services or giving an impression we are lawyers. So - like I said - we are not legally prevented in any way....

 

[EURO2014]

Yep - NONE of that relates to us - because again - we are not provide legal advice or services or giving an impression we are lawyers. So - like I said - we are not legally prevented in any way....

As you know, in now way did I remark negatively on anything or anyone on this forum in this respect. I also believe one should respect legal disclaimers about not rendering or furnishing legal advice, as deemed necessary from my end.

 

[Britsimon]

As you know, in now way did I remark negatively on anything or anyone on this forum in this respect. I also believe one should respect legal disclaimers about not rendering or furnishing legal advice, as deemed necessary from my end.

Obviously you are free to interpret the laws and govern yourself as you see fit. Others can govern themselves how they see fit. Personally, I am comfortable in my actions, and, even without the disclaimer in my sig, would feel perfectly confident that we are not "legally prevented".

Anyway, I think we have "done that to death" as we would say in the UK....

 

[EURO2014]

Obviously you are free to interpret the laws and govern yourself as you see fit. Others can govern themselves how they see fit. Personally, I am comfortable in my actions, and, even without the disclaimer in my sig, would feel perfectly confident that we are not "legally prevented".

Anyway, I think we have "done that to death" as we would say in the UK....

Sure, this is right what I had said on this topic.

 

[Tazmania]

Oh, there are many prohibitions in both state and federal law on this point. As just one example, an excerpt from Georgia State law:
"15-19-51 Unauthorized practice of law prohibited.
(a) It shall be unlawful for any person other than a duly licensed attorney at law:
(1) To practice or appear as an attorney at law for any person other than himself in any court of this state or before any judicial body;
(2) To make it a business to practice as an attorney at law for any person other than himself in any of such courts;
(3) To hold himself out to the public or otherwise to any person as being entitled to practice law;
(4) To render or furnish legal services or advice;
(5) To furnish attorneys or counsel;
(6) To render legal services of any kind in actions or proceedings of any nature;
(7) To assume or use or advertise the title of “lawyer,” “attorney,” “attorney at law,” or equivalent terms in any language in such manner as to convey the impression that he is entitled to practice law or is entitled to furnish legal advice, services, or counsel; or
(8) To advertise that either alone or together with, by, or through any person, whether a duly and regularly admitted attorney at law or not, he has, owns, conducts, or maintains an office for the practice of law or for furnishing legal advice, services, or counsel." (highlighting included).
In my practice as Business Consultant it is mandatory to make 100% clear that I am not providing legal advice to my clients in any form or shape.

We are not in bloddy Georgia

 

[EURO2014]

We are not in bloddy Georgia

Bloddy, bloddy. bloddy ... I was talking about my obligations, not your's Einstein Even though I strongly suspect 'bloddy' Texas (here in the true sense of the word) or wherever you happen to reside has comparable laws.