bradaw42

Good morning,

This is my first post on the forum and it comes with a little bit of a frightening feeling and apprehension.

My company wants to relocate me to Atlanta, therefore we have completed the L1A Blanket Petition using an immigration attorney / company that assists all employees with these moves.

I have received the copies of the petition (I-129S, I-979) / letter of support, I have completed the DS-160's for my wife and myself (Wednesday), we are awaiting for the interview schedules to come up.

I have a driving conviction that I have disclosed on DS-160 application. I also advised our attorney company and they believe the driving conviction would not hinder the non-immigration application due to being in December 2011 and if mentioned at interview to admit remorse etc...

On the ais.usvisa-info.com (appointment service website) I again declared my conviction and it specifically requested an ACRO.

I sent off for a premium service ACRO to obtain the details. I have received the ACRO back this morning, and it also lists a "Battery - Caution" from September 2012 - which I did not remember anything about, now recollecting it I did not remember receiving a caution - I have no paper work or anything about this!

Therefore - if the interview officer asks to see my ACRO (because of my driving conviction), it will show/list the caution, which I have not declared anywhere as did not remember and personally I never realised at the time or whether it to be a caution.

In a few short words - "what the hell am I going to do?" I am absolutely bricking it and stressed out at the moment and severely upset to find this caution on the ACRO.

Any advice's on my options, what to do? Anyone with experience of this?Anything, it would be very helpful.

Yes - I am going to inform our attorney and see what they say.

Thank you.

tom169

I would take a trip today to local police station with some ID and your ACRO and ask how you can get more details.

BritInParis

Who did you hit in September 2012? Evidently the police were involved or you wouldn't have received a caution. Was it a domestic dispute, fight in a pub? A Subject Access Request will give you more detail to show during your interview.

https://www.acro.police.uk/subject_access.aspx

bradaw42

Recollecting this now from the time, it was a domestic dispute/alcohol related heated argument that got out of hand and the police were called involved - no violence was involved and I did not hit anyone at all.

What is most surprising it that I have an actual caution from the whole incident.

I have just sent for a SAR and state possibly 40 days!

Can't believe all this. I am really really upset and worried about the whole thing now and obviously scarred they will not allow the non-immigration visa.

BritInParis

40 days is the statutory request period. It will likely be with you much sooner. Wait and see what it says.

materialcontroller

You should try and relax a little. Yes you could be denied the visa, but neither of those offences appear to be ones that would cause much concern.

lansbury

Couple of points. To have a caution for battery, somebody had to have been hit, or it would not be a battery.

For a caution to remain on the PNC for this length of time is not normal. The domestic violence may well be why.

BigT103

I too have a caution for battery back in 2002, it's just a slap on the wrist. I did not get any paperwork saying that I was cautioned just told verbally.

Be positive, being cautioned means no charges were taken against you. I think all you can do is be honest.

Former Lancastrian

But to receive a caution there has to be an admission of guilt to the offence.

From the UK Govt website

You have to admit an offence and agree to be cautioned. You can be arrested and charged if you don’t agree.

A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime.
https://www.gov.uk/caution-warning-penalty

Now how the receiving country ie US deals with cautions is by their terms and not what we think. The UK has come under criticism on offences for what cautions have been given for in previous years like this example

Up to 30% of the cautions, warnings and fixed penalty fines issued by the police are being used inappropriately to deal with serious offences and repeat offenders, say MPs.
The Commons home affairs select committee says it is alarming that some police officers using cautions and warnings to deal with offences involving violence, sexual offending and domestic abuse in order to save time.

bradaw42

I'm sorry but recollecting the incident now (couple of family members involved) there was no acts of violence or hitting anyone, hence my clear surprise at it being on the ACRO, and the fact I never realised or had any paperwork about actually being cautioned for battery.

The main factor here is that this ACRO report is potentially going to mess up my life and relocation to Atlanta with my company!

scrubbedexpat099

Have you told the Lawyer?

materialcontroller

Do you not think that's a bit of an over-reaction? You haven't even been for the visa interview. What has the company attorney had to say about it?

bradaw42

Yes and sent PDF of ACRO.

BenK91

I'd wait and see what your lawyer comes back with. I'm sure you're not the first and certainly won't be the last applicant with a caution for battery.

S Folinsky

Some general comments - the ACRO reports and even court summary of conviction in the UK often use categories which can include a basket of possible offenses. "Battery" can include both moral turpitude offenses and non-moral turpitude offenses. It is not uncommon for a particular set of facts to allow for different charges.

Also "battery" is a legal term of art which can have multiple definitions. Quite often "assault " is part of battery; sometimes it is not.

OP may be fine. Or not. Sorry, we don't have enough in the way of facts here.