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B1/B2 or I visa with UK Police Caution

B1/B2 or I visa with UK Police Caution

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Old Jul 12th 2009, 1:31 pm
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Question B1/B2 or I visa with UK Police Caution

Hello, I know there are numerous threads on the topic of US visas with UK police cautions, so excuse me if I am covering old ground.

I wanted to present my personal situation, and seek advice from anyone with a similar experience.

Last year at a music festival I was arrested and given a formal police caution for possession of a Class A substance (tiny amount). Strangely they let me straight back into the festival.

I completely regret my actions and have no previous record or convictions.

I hold down a professional job in the media as a producer, which I've been doing for 7 years now. I have also traveled to the states and around the world prior to my caution last year.

The time has come where I need to visit America again, firstly as a tourist then I have a potential job later in the year (UK based company taking me out to NYC to film something.)

What are the chances of me being able to get a B1/B2 or I visa?

I have recently applied for my ACPO certificate and have approached a selection of UK based US immigration lawyers to help me with my case. The majority of them seem to think I will have no problem getting a b1/b2 visa waiver as I am inadmissible on the VWP.

Do I stand a chance?

Would greatly appreciate any advice on the matter.
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Old Jul 12th 2009, 1:36 pm
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Default Re: B1/B2 or I visa with UK Police Caution

All you criminal (and you are) make me laugh the way you downplay your crimes....I doubt you will get any visa ..for a very long time ....
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Old Jul 12th 2009, 1:56 pm
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Default Re: B1/B2 or I visa with UK Police Caution

Thanks for your help - funny I'd been reading your replies on other threads and expected something along those lines! Bit of a scare monger aren't you.

Having just read JCraigFongs (US immigration lawyer) post about waivers I am pleased to hear that 66% of controlled substance violators overcame the ineligibility in 2007.

Fingers crossed my lawyer in London can get me out of this sticky situation. Would be a real shame not to be able to visit the states.
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Old Jul 12th 2009, 2:27 pm
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Default Re: B1/B2 or I visa with UK Police Caution

It's possible that the consular officer may just disregard the caution and issue the visa without requiring a waiver.

Please post back here with the outcome of your visa application.
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Old Jul 12th 2009, 7:37 pm
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Default Re: B1/B2 or I visa with UK Police Caution

Thanks for this - will keep you posted with any developments.
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Old Apr 23rd 2010, 6:39 pm
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Default Re: B1/B2 or I visa with UK Police Caution

I have finally got round to scheduling my B2 visa interview at the American Embassy in London.

I recently hired a US immigration specialist - who informed me he deals with many similar cases each year, particularly concerning individuals who have UK Police cautions. He suggested I will need to schedule an interview at the embassy, I will then be referred to a physician for a drugs test. If I pass this I should get my B2 visa no problems.

For anyone thinking about arranging an interview at the embassy, this it the process:

1. Apply for your individual ACPO certificate from the following site http://www.acpo.police.uk/certificates.asp Mine took 12 working days to arrive but you can pay more and get the certificate quicker

2. Fill out VCU-1 form from the American Embassy website

3. When you have both forms to hand, and your credit card, phone the American Embassy on their premium rate number and ask to schedule an appointment for a B2 tourism visa, as you have a criminal record (in my case one UK police caution for possession of a class a drug.) They will charge a fee.

4. They will then ask you to scan in your ACPO and VCU-1 form and email over to them

5. When they email back, you then need to call the premium rate number again to arrange an interview. I have my interview on May 17th at 9am. So around a three week wait at the moment.

Along with my ACPO, VCU-1 form and appointment confirmation letter I will also need to bring with me

- DS-160 form confirmation page (you fill this out online and print off page with barcode)

- DS-156 and DS-157 forms completed

- passport and photo (specific size requirements for american visa)

- I will also be taking along with me 2 x character references from previous employees, a letter from my current job confirming I work there, a copy of my CV, my bank and savings statements.

All of this hassle for a bit of fun at a music festival. I learnt my lesson.

I will keep everyone posted as to the result of the interview. I am pretty certain I'll have to attend the drugs test, and if I pass (which I will) then hopefully I'll get the visa.
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Old Apr 24th 2010, 4:48 pm
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Default Re: B1/B2 or I visa with UK Police Caution

Thank you for the update. I'm interested to hear how it goes. If you get the visa, let us know if it has any waiver notations on it.
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Old May 15th 2010, 11:09 am
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Default Re: B1/B2 or I visa with UK Police Caution

I have my interview at the American Embassy on Monday. Will keep you posted as to the result.
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Old May 17th 2010, 3:57 pm
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Default Re: B1/B2 or I visa with UK Police Caution

I had my interview at the American Embassy today for B2 tourist visa.

I was given an NIV221gD letter saying 'this office is unable to conclude the processing of your non immigrant visa application this time, as we require additional information.'

'The Embassy is referring you to our panel physician for a medical examination'

So luckily the Knightsbridge Doctors had availability today and I had the drugs test and medical done.

The consular office did not state that if the medical comes back clean I will get the B2 visa. They instead said they will reassess my case once the results are in.

So assuming the test comes back negative hopefully I'll get the b2 visa.
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Old May 17th 2010, 4:06 pm
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Default Re: B1/B2 or I visa with UK Police Caution

Originally Posted by intrepidtraveler
I had my interview at the American Embassy today for B2 tourist visa.

I was given an NIV221gD letter saying 'this office is unable to conclude the processing of your non immigrant visa application this time, as we require additional information.'

'The Embassy is referring you to our panel physician for a medical examination'

So luckily the Knightsbridge Doctors had availability today and I had the drugs test and medical done.

The consular office did not state that if the medical comes back clean I will get the B2 visa. They instead said they will reassess my case once the results are in.

So assuming the test comes back negative hopefully I'll get the b2 visa.
What do you mean "assuming it comes back negative"? Your clean your drug free right? So it will come back negative right?
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Old May 17th 2010, 4:43 pm
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Default Re: B1/B2 or I visa with UK Police Caution

Absolutely. Maybe 'assuming' was the wrong word to use.

When the test comes back negative, hopefully they will grant the visa. Otherwise I'll have to start the whole waiver of inadmissibility process. Yawn.
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Old May 17th 2010, 4:49 pm
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Default Re: B1/B2 or I visa with UK Police Caution

Originally Posted by bowenaj37
What do you mean "assuming it comes back negative"? Your clean your drug free right? So it will come back negative right?
Positive or negative are not the only outcomes.

It could come back unclear for some reason such as problems in the lab.
In which case another test would probably be required.
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Old May 17th 2010, 4:55 pm
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Default Re: B1/B2 or I visa with UK Police Caution

Hopefully you are not taking anything in the class of Opioids or Benzodiazepine. Those are commonly tested in Urine test, but can be from prescription drugs people are taking.

Opioids are things like Codeine, Morphine, Fentanyl (Usually for Pain)
Benzodiazepines are things like Valium, Librium, Xanax (Usually for Anxiety)

The routine Urine Drug test many times come back "Positive" in an emergency room, but could be the patient's taking a prescription drug. If you're taking anything related, you may want to stop for a while so as not to complicate things.
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Old May 17th 2010, 5:02 pm
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Default Re: B1/B2 or I visa with UK Police Caution

Originally Posted by intrepidtraveler
Absolutely. Maybe 'assuming' was the wrong word to use.

When the test comes back negative, hopefully they will grant the visa. Otherwise I'll have to start the whole waiver of inadmissibility process. Yawn.
Good because if it does come back positive it may raise the issue that you lied on the question about being a drug abuser or addict? Did you mark that question as yes or no? Did the doc ask if you where taking any medications that might show up in the test? Did they just do urine or blood too?

Last edited by bowenaj37; May 17th 2010 at 5:08 pm.
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Old May 17th 2010, 6:05 pm
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Default Re: B1/B2 or I visa with UK Police Caution

The only medication I take is for mild asthma, which I raised with the doctor. Otherwise I am young and healthy. The medical involved taking a urine sample, listening to my chest, checking my ears, eyes and mouth.

I ticked no to being a drug abuser or addict as I'm not.

Really, really hope they grant me the b2 visa when the result comes in.

Will keep you posted.
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