ian-mstm

Bzzzt! Wrong answer! It happened, therefore you are obligated to declare it to US immigration. If you lie and get caught, you face a lifetime ban from the US. So... what's your risk tolerance for failure? That'll describe your character way more than the rest of your post!

Ian

shiversaint

You must understand that cautions are equivalent to an admission of guilt - when you signed the bit of paper in the cop shop, in the eyes of the law, that's what you were doing. Immigration law generally does not distinguish between them as a result and this is well demonstrated by the hundreds of people on this forum seeking waivers of inadmissibility.

You situation is always matter of discretion - there is no "law" here which represents entitlement to a visa as not being a citizen, you are not covered by the constitution. Whether you feel you are entitled or your misdeeds do not qualify for refusal is irrelevant - the only opinion that matters is the one that delivered on the day of your interview.

You have an extensive criminal history in the eyes of the consulate, and some of it is very recent. Your driving offence is not likely to pose an issue, but your drug offence from last year definitely will. You are inadmissible to the US on a non-immigrant basis - that is fact.

The only distinction here (for the sake of satisfying your curiosity) is for migrant status which is a different application altogether, and the difference between cautions and convictions are sometimes honored if the case is argued competently (this relates to the information you quoted). You are already inadmissible on that front because your offences relate to schedule 1 substances on multiple counts, so the point is moot. The only allowance is for a singular cannabis possession conviction where the amount is under 1oz.

So, in terms of actually obtaining a visa, the next step is for you to attend an interview and furnish the requisite information. The officer will either recommend you for a waiver of inadmissibility, or will not. Given how recent your misdeeds are, I think it's quite likely you will be denied. I suggest you wait a few years and stop being a recidivist during that time.

Also - you're openly admitting that if some of your previous history does not appear on your ACRO, you are not intending on disclosing it. That is obviously not advisable as it constitutes fraud. Even if you believe USICS have no way of obtaining that "missing" information, it's still fraud. Immigration Fraud would probably make your case terminal. Something worth thinking about.

ian-mstm

To clarify, whether or not someone is a US citizen is irrelevant to whether or not that person is protected by the US Constitution. All persons on US soil... everyone - yes, including undocumented aliens, are protected by the US Constitution. When a US citizen is travelling abroad they are not protected by the US Constitution but, instead, fall under the jurisdiction of the country in which they happen to be.

Ian

shiversaint

A poor choice of words on my part which you were right to correct me for. My point is OP has no "rights" which guarantee entitlement to anything around this matter.

Pulaski

Everything I have ever read on BE, including posts by our semi-domesticated lawyer, says that a caution is deemed to be a conviction by USCIS because it is contingent on an admission of guilt, as Ian said in post #17 above.

ilikeitlikethat

I'm getting ready for the Embassy
I've just completed my DS-160

Note: Electronically submitting your DS-160 online application is the FIRST STEP in the visa application process. The next step is to review the internet page of the embassy or consulate where you plan to apply for your visa. Most visa applicants will need to schedule a visa interview, though some applicants may qualify for visa renewal. The embassy or consulate information may include specific local instructions about scheduling interviews, submitting your visa application, and other frequently asked questions.

YOU MUST BRING the confirmation page and the following document(s) with you at all steps during the application process:
Passport
You may also provide any additional documents you feel will support your case.

This is my ACRO from the police no older than 6 months
and my PDF/Personal Data Form

Nutmegger

Why in the world would you want to come to the US to buy expensive guitars from strangers in the northwest? Have you thought about the import duty when you show up at LHR with these instruments? You must have been smoking something good when you came up with this plan!

ilikeitlikethat

Trip of lifetime / bucket list stuff.
My time off this year from July 31st to Sep 05th has been spent so far planning this trip from scratch.

I'd pay any dues. I don't care about paying an import duty for importing/that's not a problem.

I'm looking to go to guitar shops and do some shopping.
There's nothing stopping me from doing this here in England in Soho on Denmark Street, but that's hardly bucket list/choose it myself/import it myself/trip of a lifetime stuff. - That's just guitar shopping (for me).

Twinkle0927

This is all assuming you even get the visa, which is not certain.

Note that possession of marijuana and paraphernalia is still a federal crime, regardless of where your final destination is. If your stuff is found at the airport, it could be over before it's really begun. And here in WA and OR it is illegal even under state law to smoke in a public place. That includes hotels.

You sound very young. Most people grow out of the fascination with legalized marijuana by the time they turn 22 or so. But we PNWers sure do appreciate the 37% tax you are paying on the stuff.

By the way, finding a taxi to take you and a case of pop from Walmart to the B and B is going to be close to impossible here. It's not like Tesco's with a taxi rank outside and a freephone by the customer services desk.Taxis tend to be found only in the downtown areas of major cities. Once you reach the suburbs they are rarely seen and unheard of in smaller towns. But there's always Uber.

ilikeitlikethat

I know but I can only try with all the documents and reasons I've got.
Thank you.

I didn't know that the paraphernalia was illegal under federal law, I thought it was just the cannabis.

I could just buy whatever I may need in Oregon if I get the visa.

I've spoken to 2 companies in the area and 1 of which I want to use for the very simple reason that I see thay have Crown Vics and the other company has Prius' and I've never ridden in a Crown Vic before so I'm planning to at least have them pick me up at the airport; I've asked them if they were available 24/7 just to triple check that that they were and, they were.

My plan is to get my IPhone5 unlocked and to put in an AT&T or T Mobile USA sim into my phone so I can enjoy a much better rate than roaming charges on my UK sim, I figure I can phone from my phone and it'll be like ordering a mini cab in England... For my crates of Soda, no matter which company I call 'I saw like 5 or 4 and I've already called 2 to see who had the best fare from the airport and to work out how much the cost of living in Oregon is.

I've also heard, in OR, from someone from that part of Oregon, it's like more 10% or 15% to tip a taxi driver when google told me 5% to tip a USA taxi driver...
I also asked my sister on the East Coast how much to tip and when to tip and when not to tip and if I could get rolls of quarters at the bank to do my laundry in America for a 16 day stay... She said

"Laundry matts have change machines. Meals 20%. Hair maybe 10 - 15%. Unfortunately i can't tell you the first thing about taxi drivers in Oregon."

(Her exact response on FB).

Needless to say, I'm expecting tipping to be 'the thing to do' so all fares I've been told by the cab companies I've added on 15% just so I know the cost.

Guindalf

I'm betting dollars to donuts that the OP will NOT besetting foot on American Soil (apart from the Embassy on London, which is officially American soil) any time soon.

Especially with a plan to come here and 'get high'!

Your record will most likely exclude you from receiving a visa for several years, so I suggest Denmark Street is becoming a lot more attractive!

ilikeitlikethat

So somebody who gets convicted of robbing someone or burglary does but me with no convictions when I've seen it on writing on BritishExpats
UK Police Cautions/Warnings and US Immigration Law | British Expatriate Community
and doing everything honestly and by the book.

tom169

Just get arrested on possession and have a free ride in a crown Vic.

The US embassy is not American soil.

ilikeitlikethat

No more guessing

Here' the information

I have never been convicted.
It's on a case by case basis and in my case of cautionary tales, I've complied, behaved and submitted, so... I'm going to try my best.

My checklist goes...

DS-160 [x]
Passport [x]
Valid USA visa photos [x]
ACRO []
PDF []
Appointment []

I'd also bring details of my UK school, my UK employer and the actual contact details to my American brother and sister as well as anyone else I've mentioned on my DS-160.
I'd also bring the financial records I have that explain how I intend to pay for this myself, so like, bank statements and letters from my school and student loan and pay slips (I guess).

Pulaski

A Crown Vic wouldn't be in my top 100 cars of wanting a ride in, probably not my top 500.