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Non Immigrant Visa to the US with Police Caution

Non Immigrant Visa to the US with Police Caution

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Old May 7th 2008, 1:42 pm
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Default Non Immigrant Visa to the US with Police Caution

I received a police caution for petty theft when I was 14 (it was a one off and I have not been in any trouble since). I'm now 27, have been to university and graduated with a first class honours, and have a good job.

I want to go to the US on holiday and it's highly likely that I will need to go to the US for work during the coming year.

As I was arrested 13 years ago (although I was only cautioned and do NOT have a criminal conviction) I understand that I am not eligible for the Waiver Visa and need to apply for a non immigrant visa. Does anyone know the process for this, or what's involved?

On other forums the general concensus is that I shouldn't declare the arrest on the immigration form and I'll get through without any problem, but I don't want to fall foul of the US Immigration Service and I don't want a lifetime exclusion from the US.

Also if I get a visa is it like having a massive stamp in your passport which says "criminal" because normally a waiver visa is all that's required? And will it create problems if I want to travel to Canada, Australia and New Zealand whose entry requirements are not so strict?

Finally if i get a visa how long will it last? Will I have to go through the application process every time I want to go the US?

Any thoughts or advice would be much appreciated.

Thanks for your time.

Last edited by tbarnes; May 7th 2008 at 1:47 pm.
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Old May 7th 2008, 1:55 pm
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Default Re: Non Immigrant Visa to the US with Police Caution

its always bad to lie - if they catch you out you make future travel to the
US extremely hard.
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Old May 7th 2008, 2:46 pm
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Default Re: Non Immigrant Visa to the US with Police Caution

You don't happen to have an American dad do you...

Try reading Phyclone's previous post Please Excuse my Noobiness. He was in a similiar situation although he actually did have an American dad so his situation ended much differently!
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Old May 7th 2008, 2:46 pm
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Default Re: Non Immigrant Visa to the US with Police Caution

Run the Consulate wizard here....

http://www.usembassy.org.uk/cons_new...sa_wizard.html
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Old May 7th 2008, 3:44 pm
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Default Re: Non Immigrant Visa to the US with Police Caution

Originally Posted by tbarnes
I received a police caution for petty theft when I was 14 (it was a one off and I have not been in any trouble since). I'm now 27, have been to university and graduated with a first class honours, and have a good job.

I want to go to the US on holiday and it's highly likely that I will need to go to the US for work during the coming year.

As I was arrested 13 years ago (although I was only cautioned and do NOT have a criminal conviction) I understand that I am not eligible for the Waiver Visa and need to apply for a non immigrant visa. Does anyone know the process for this, or what's involved?

On other forums the general concensus is that I shouldn't declare the arrest on the immigration form and I'll get through without any problem, but I don't want to fall foul of the US Immigration Service and I don't want a lifetime exclusion from the US.

Also if I get a visa is it like having a massive stamp in your passport which says "criminal" because normally a waiver visa is all that's required? And will it create problems if I want to travel to Canada, Australia and New Zealand whose entry requirements are not so strict?

Finally if i get a visa how long will it last? Will I have to go through the application process every time I want to go the US?

Any thoughts or advice would be much appreciated.

Thanks for your time.
Hi:

Although a UK caution is generally considered to be a "conviction" for US immigration purposes, in your case it is also considered to be a juvenile disposition for US purposes since it was before age 16. Juvenile dispositions are generally not considered "convictions" for US purposes.

I may be a lawyer, but I am not your lawyer. The above comment is general in nature and I am not advising you on any particular course of action.

It should be noted that the criminal grounds set forth in US Immigration & Nationality Act is the most complicated part of US immigration.
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Old May 7th 2008, 6:24 pm
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Default Re: Non Immigrant Visa to the US with Police Caution

Originally Posted by chicagojlo
You don't happen to have an American dad do you...
Very good
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Old May 8th 2008, 1:38 am
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Default Re: Non Immigrant Visa to the US with Police Caution

I have a multiple entry visa, and I am not a criminal. I just needed to stay longer than the 90 days.

Australia, NZ etc don't care what visa you use to go to the US.I'm sure they also won't care about something from when you were 14.
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Old May 8th 2008, 11:54 am
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Default Re: Non Immigrant Visa to the US with Police Caution

Originally Posted by chicagojlo
You don't happen to have an American dad do you...

Try reading Phyclone's previous post Please Excuse my Noobiness. He was in a similiar situation although he actually did have an American dad so his situation ended much differently!
Unfortunately I don't have an American parent, so I don't think I can go down that route.

Just wondering if anyone with a police caution as a juvenille has applied for a B1/B2 visa, and if so are the people at the US embassy in London willing to give them out.

Also how long does the B1/B2 visa last? Will I need to reapply every time I want to go to the US?
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Old May 8th 2008, 4:34 pm
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Default Re: Non Immigrant Visa to the US with Police Caution

Originally Posted by tbarnes

Also how long does the B1/B2 visa last? Will I need to reapply every time I want to go to the US?
Hi:

The reciprocity tables state that a B-2 visa given to a Brit will be valid for 10 years and valid for multiple entries. About 15 years back they eliminated the "indefinite" B-2's and all such visa are considered expired as of 10 years from issuance. Usually, if there is a reason to restrict the validity, the visa will be denied. Strange, but true.
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Old May 8th 2008, 6:33 pm
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Default Re: Non Immigrant Visa to the US with Police Caution

Originally Posted by tbarnes
IAlso if I get a visa is it like having a massive stamp in your passport which says "criminal" .
Im also interested in an answer on this, i dotn wish for others around me to know my background, so is there nothing on the visa / passport that says any details of a caution
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Old May 8th 2008, 11:00 pm
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Default Re: Non Immigrant Visa to the US with Police Caution

No
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Old May 8th 2008, 11:12 pm
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Default Re: Non Immigrant Visa to the US with Police Caution

There are various reasons for getting this visa, it's not necessarily just for people who have a criminal record.
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Old May 9th 2008, 12:14 am
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Default Re: Non Immigrant Visa to the US with Police Caution

haha - you can tell everyone you are a snowbird!
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Old May 9th 2008, 9:18 am
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Default Re: Non Immigrant Visa to the US with Police Caution

What's a "snowbird"?
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Old May 9th 2008, 11:41 am
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Default Re: Non Immigrant Visa to the US with Police Caution

Originally Posted by tbarnes
What's a "snowbird"?
http://en.wikipedia.org/wiki/Snowbird_(people)
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