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Thread: Convictions and prison

  1. #1
    Join Date
    Nov 2010
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    USA
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    9

    Default Convictions and prison

    Hello,

    I'm a New Zealand born citizen residing in the US with my husband. I would love to come back to NZ (only been in US about 19 months).

    There's just one issue: my husband doesn't appear to pass one of the character assessment questions as posted on the government immigration website.

    He received convictions almost 20 years ago and spent five years in prison. We got the FBI cert back to see what it actually read and on initial observation, while I know the real story, it sounds worse than it is.

    Hubby has not had a conviction since prison. Does anyone have any experience (going through the motions) of trying to get an entry or permanent resident permit in the family based category and had to deal with something like this?

    Is it an absolute no? Or is it a possibility? My family in NZ are willing to write letters of support etc. He's a great guy who screwed up when he was a kid and unlike NZ, the laws in the US usually mean longer sentencing. He hasn't been done for drugs or acts of terrorism, doesn't hang around undesirables etc.

    I spoke to someone while in NZ a couple of years ago (lawyer) who said that until they saw the FBI report, it was about 50/50 chance and if it wasn't good, that it might be 20/80 chance and it would require going to the Immigration minister to seek their approval and it would cost $5000 NZ to represent (including legal fees). We're not loaded with money, but I do want to return to NZ to live. I hate it where I'm at and my husband is willing to come to NZ.

    If Immigration says no to my husband, they effectively say no to me coming home, and somehow that would seem wrong (especially since I know the man I married is no monster, not in any trouble, doesn't do drugs and very rarely drinks). The only reason I haven't already gone back to NZ is I couldn't leave my husband. But this place makes me totally miserable (depression).

  2. #2
    Join Date
    Jun 2009
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    Manchester > Now Tauranga
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    Default

    Search back for "character waivers", been a few threads on this. Certainly there is a process there that doesn't require $5000 and a trip to the minister.

  3. #3
    Join Date
    Mar 2008
    Location
    M'side(UK) - Welly - Waikanae
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    Default

    Being locked up may sound alarmingly unusual or shocking to some, however, just to put your situation into context - the US has the worst record in the world for locking up people. So your chances of being locked up are much greater in the US than any other country in the world!!. Here are the facts:

    More than 9.8million people are held in penal institutions throughout the world, mostly as pre-trial detainees (remand prisoners) or as sentenced prisoners. Almost half of these are in the United States (2.29m people).

    The United States has the highest prison population rate in the world, 756 per 100,000 of the national population ... In Europe the median rate for southern and western European countries is 95 per 100,000 population.

    For more info see http://www.kcl.ac.uk/depsta/law/rese...ppl-8th_41.pdf
    Not gonna be easy getting in but very best of luck!

  4. #4
    Join Date
    Sep 2010
    Location
    Chch, NZ
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    Default

    lots of other threads on the subject here

    http://www.enz.org/forum/archive/index.php/t-6049.html

  5. #5
    Join Date
    Feb 2008
    Posts
    37,822

    Default

    Hello and welcome.

    There most definitely IS a procedure for this kind of situation. This link gives the outline. http://www.immigration.govt.nz/opsmanual/35058.htm

    People on the forum have managed to achieve residency, even with a conviction in their past. There are more specific threads about it here.

    http://www.enz.org/forum/archive/index.php/t-29477.html
    http://www.enz.org/forum/archive/index.php/t-26107.html
    http://www.enz.org/forum/archive/index.php/t-15143.html
    http://www.enz.org/forum/archive/index.php/t-30903.html

  6. #6
    Join Date
    Nov 2010
    Location
    USA
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    9

    Default

    Quote Originally Posted by themilkybarkid View Post
    Being locked up may sound alarmingly unusual or shocking to some, however, just to put your situation into context - the US has the worst record in the world for locking up people. So your chances of being locked up are much greater in the US than any other country in the world!!. Here are the facts:

    More than 9.8million people are held in penal institutions throughout the world, mostly as pre-trial detainees (remand prisoners) or as sentenced prisoners. Almost half of these are in the United States (2.29m people).

    The United States has the highest prison population rate in the world, 756 per 100,000 of the national population ... In Europe the median rate for southern and western European countries is 95 per 100,000 population.

    For more info see http://www.kcl.ac.uk/depsta/law/rese...ppl-8th_41.pdf
    Not gonna be easy getting in but very best of luck!
    Thanks - yes, I'm aware that this country I live in has a a habit of locking people up. Thanks for the support

  7. #7
    Join Date
    Nov 2010
    Location
    USA
    Posts
    9

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    Quote Originally Posted by whakapapa View Post
    lots of other threads on the subject here

    http://www.enz.org/forum/archive/index.php/t-6049.html
    Thanks for that link. I did read some other threads before adding my starting post. It's always hard to know what way the verdict would be.

    I take it you get a case officer AFTER you've applied for a permit, or after you've applied for a character waiver? Still can't seem to locate the character waiver form online. Is this something you have to request from Immigration NZ?

  8. #8
    Join Date
    Feb 2008
    Posts
    37,822

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    Yes, your case is assigned to a CO when once you have applied for your visa/permit.

    I don't think there is a specific form for requesting a character waiver - in those other threads I found for you, people are talking about sending in information WITH their application (so, as an addition, presumably a letter), and then later, about pleading their case in a letter.

  9. #9
    Join Date
    Oct 2007
    Location
    Christchurch
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    384

    Default

    Quote Originally Posted by themilkybarkid View Post
    the US has the worst record in the world for locking up people
    Gosh, I guess this means that New Zealand must have one of the "best" records since murder doesn't even get you locked up many times.

  10. #10
    Join Date
    Mar 2008
    Location
    M'side(UK) - Welly - Waikanae
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    535

    Default

    Quote Originally Posted by Bozeman View Post
    Gosh, I guess this means that New Zealand must have one of the "best" records since murder doesn't even get you locked up many times.
    using the same faulty logic:

    Gosh , I guess this means the USA who currently have over 2million locked up must be good after all - because they've successfully locked up over 2 million murderer's in prison!

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