AR9

Hi there,

Just looking for some advice:

I will need to travel to the US this year for business purposes, however this weekend I received a simple Police Caution for 'Obstruction'.

There were mitigating circumstances (essentially we called the police to try and help my brother who was having a mental health episode - they did not act with any compassion and I protested verbally at their manhandling of him for which I was arrested and accepted a caution).

I understand because of this I would now be ineligible to apply for the ESTA program and instead would have to apply for the B-1 visa.

I do not believe this offence would come under previous moral turpitude laws and would also be exempt as the maximum sentence is <1 year is prison.

This was a first offence and I have no criminal background other than this.

I was just wondering if anyone had any thoughts on how likely I would be to obtain the visa successfully - there seems to be a lot of conflicting advice out there.

Any success stories / advice on the process would be appreciated too - I understand the charge was recent but I would be looking to apply for such a visa in the very near term.

Thank you for any help.

Ryan

tom169

Firstly, have you filled out an ESTA honestly and been denied? Because if not, that's where you should start.

AR9

I haven't, I guess I was just going by the website guidelines. Is there a chance you can be granted even with such a caution.

'We do not recommend that travelers who have been arrested, even if the arrest did not result in a criminal conviction, have a criminal record, certain serious communicable illness, have been refused admission into, or have been deported from, the United States, or have previously overstayed under the terms of the Visa Waiver Program, attempt to travel visa free under the Visa Waiver Program. '

Thanks

tom169

You never know until you try. I can't remember the exact wording of the questions and how they relate to your caution. The worst that can happen is you're denied and you have lost the money.

AR9

Okay thanks i will submit that tonight and see what the outcome is.

Any advice as to likelihood if the Visa application is required (i realise here that the caution is crazily recent but I was hoping that the nature of the offence may serve to override this).

AR9

I guess i'm unsure as how to answer this question..

"2) Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?'

I guess that is a no...

Rete

Why are you unsure? Have you or have you not? If the one instance you posted is the only one, then the answer would be NO.

AR9

That is the one instance - it just seems like a strangely worded question.

Thank you.

Ryan

MidAtlantic

Not sure why you think it is strangely worded

Have you ever been arrested or convicted in relation to two very specific matters.?

On the basis of the information you have posted Rete has given you the answer.

I suspect that you have drifted into WHY are they asking that? Just don't go there. There is much that USCIS does that we will never understand.

Rete

The WHY it is asked is because the amount of property damage and/or the seriousness of physical harm to another would be considered a crime of moral turpitude.

md95065

... while simply arguing with a police officer would not ...

ian-mstm

Perhaps... if your offense was a CIMT - which it isn't. Get on with life.

Ian

AR9

Hi All,

Authorisation approved! Thanks for all the help.

Anything else I need to be aware of for example on the U.S. side or is this the entirety of the process?

Thanks again,

ian-mstm

ESTA is permission to travel to the US... nothing more or less than that. Once you arrive, you must then ask permission to enter the US. That decision is at the sole discretion of the CBP officer at the port of entry.

Ian

shiversaint

That's basically it. Just answer concisely if you are questioned at all in the US - don't start thinking that telling them up front about the episode without being asked will do you any favours. Likelihood is you'll be asked why you're there and where you are staying and how long for.