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Old Sep 28th 2017, 4:34 pm   #1
op123 
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Post Police Caution - Help

Hi All,

I received a caution 2 1/2 years ago for possession of a class A drug, no prosecution etc. I visited America last year and had a ESTA with no issues.

We were hoping to move next year, does anybody know how much this is going to hinder the i130 process?

Will this be something i am asked about at interview, or will it be a straight up refusal?

Please help.

Thanks
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Old Sep 28th 2017, 5:15 pm   #2
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Default Re: Police Caution - Help

Quote:
Originally Posted by op123 View Post
Hi All,

I received a caution 2 1/2 years ago for possession of a class A drug, no prosecution etc. I visited America last year and had a ESTA with no issues.

We were hoping to move next year, does anybody know how much this is going to hinder the i130 process?

Will this be something i am asked about at interview, or will it be a straight up refusal?

Please help.

Thanks
You will have to get an ACRO police certificate for the visa process (due at the Medical) and that will show if you have any convictions etc. Note you'll also need a police certificate from any other countries you've lived in for more than 6 months.

Other than that I'm sure one of the more experienced forum members will be able to give you a better answer than I just did.
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Old Sep 28th 2017, 5:33 pm   #3
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Default Re: Police Caution - Help

Quote:
Originally Posted by op123 View Post
Hi All,

I received a caution 2 1/2 years ago for possession of a class A drug, no prosecution etc. I visited America last year and had a ESTA with no issues.

We were hoping to move next year, does anybody know how much this is going to hinder the i130 process?

Will this be something i am asked about at interview, or will it be a straight up refusal?

Please help.

Thanks
How did you manage to get a valid ESTA? Even after declaring the arrest?
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Old Sep 29th 2017, 3:03 pm   #4
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Default Re: Police Caution - Help

Consult an experienced immigration attorney now, before you go any further. There is no waiver for an immigrant visa for those with drug convictions which, since you received it after 2006, you probably have.

You have a serious problem here.

A caution IS a conviction for the purposes of immigration law. Since you were admitting to the essential elements of the offence.

You also have an issue with misrepresentation with respect to your VWP visits, since this caution was clearly never declared.
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Old Sep 29th 2017, 3:06 pm   #5
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Default Re: Police Caution - Help

I agree with civilservant.
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Old Sep 29th 2017, 4:13 pm   #6
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Default Re: Police Caution - Help

Quote:
Originally Posted by civilservant View Post
Consult an experienced immigration attorney now, before you go any further. There is no waiver for an immigrant visa for those with drug convictions which, since you received it after 2006, you probably have.

You have a serious problem here.

A caution IS a conviction for the purposes of immigration law. Since you were admitting to the essential elements of the offence.

You also have an issue with misrepresentation with respect to your VWP visits, since this caution was clearly never declared.
Broadly speaking I agree with Cs, but there continues to be some debate over the exact status of police cautions, and that is something that an experienced immigration attorney would know about.

I don't think there is any good reason to continue debating this in a public forum and I would encourage an early consultation with an attorney to discuss, what, if anything, can be done, and how to approach it.

I don't recall exactly what the current ESTA questions ask, but it is possible that a police caution might not have elicited a response that would deny an ESTA. ..... There are important but small differences between immigrant visas, non-immigrant visas, and VWP visits, so an issue that may derail an immigrant visa might not have stopped an ESTA being issued.
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