Applying B2 with Cautions.
 

Hi All.

Have found this wonderful site via Google and have read numerous threads in regards to US B2 Visas and UK Cautions.

I got drunk over a year ago, and in the process shoved someone and they shoved me and we got into a scuffle. The police did me for battery and S5 Public Order (2 separate simple cautions).

I applied for my ACPO certificate some weeks previous, knowing full well that they would need it. I had also filled in a VCU1 and the DS-160. I also had to get a new passport as the old one was about to run out.

I phoned up the premium rate number and was told to scan the ACPO doc and VCU1 form and send them off to the Embassy. I got an auto response saying they may take some time to read it.
The very next day I was told they were now able to offer me an appointment.

Made the appointment for 0800 25th October 2011. Arrived at 07:30 and was one of the first 10 to gain entry.
The lady took in my docs, told me I had made an error on the DS-160 and to correct it. I had to go to the local chemist and edit the form and resubmit.
Back via security and I went straight back to the lady at the counter, who took my fingerprints and handed me a blue DX form.

Around an hour later I was called to the interviewing officer. He asked me my purpose of visit and why. Also where I was planning to go to.
I said Times Square, The Statue of Liberty, Broadwalk, maybe the Accela express to Florida and hopefully to my aunt in Chicago, and then said but she doesn't know that yet.
He then asked why I had two addresses. I explained one was a council house I was about to buy and the other I rented to be closer to the job. He didn't seem very happy at me having two houses and kept asking more questions about it, such as why I needed two houses considering I was renting one of them.
He then asked about the cautions, I explained what had happened and as soon as I mentioned alcohol he seemed like he switched off and then hunted around for a piece of paper, the NIV 221gD.

He said I had to go to see the doctor and have a medical and placed a blue DUI EXAMINATION into my folder. He further explained that once they had the results of the medical they would process my application. I asked him how long this would take and he said the doctors were normally quite quick and send the results back in 2-3 days. I then asked how long they were taking to process them. He said at the moment around 5-10 days. I then said so overall based on me getting an appointment today I could have a decision within 2 weeks. He nodded and said yep.

Generally I felt the interviewing officer didn't like me from the start, his questioning towards me, his body lang, the lack of eye contact. Is this how they normally act, or is it just me.

I had taken in contracts of employment, bank statements, credit card statements, payslips, proof of address, yet none of these were asked for. I did make mention to the contract of employment, but he wasnt interested.

I did get the appointment later that day, and £265 later the doctor said he could not see any reason why they would refuse me the B2. He also said that the Americans will like the fact that [ive] given up booze since the incident.

I am wondering now:
a)how will I be contacted to say if the results have been recived and being processed.
b)how will I be contacted to say they will give me a visa or not.
c)how long will it take, based on past experience and not on some hearsay,
d)If the visa decision goes against me, do i have a right of appeal, or can i ask someone higher up reviews it?

Re: Applying B2 with Cautions.
 

It's not their job to like you. They're simply used to having people try anything to get a visa. It's not just you.


You won't receive any notice to that effect.


Once the info has been recieved, processed, and approved, you'll receive a notice to courier your passport to them.


I could tell you exactly, but it's just hearsay! However, other people report a week or two.


The ConOff who reviews your application has the final say... but I believe you can appeal the decision! If your visa is denied, you must thereafter declare the denial on every subsequent visa application including ESTA.

That all said, curious minds will want to know why you didn't simply apply for ESTA approval first!

Ian

Re: Applying B2 with Cautions.
 

A 221(g) refusal can turn into an approval if additional documentation is submitted and it's satisfactory. In essence, you were denied and the additional medical info submitted is your
"appeal" of that decision. The only other "appeal" is to apply again with a new application and fee.

I think chances are good that you'll be approved if the medical report is good. If they planned to deny the visa, they may not have bothered sending you for a medical. They would have done a simple 214(b) refusal and been done with it.

The recency of the incident may be a problem if the doctor thinks you were an alcoholic with dangerous behavior a year ago, they may want a longer period of remission and no incidence of recurrence.

Re: Applying B2 with Cautions.
 

It is policy that a medical exam is required if there is an alcohol related arrest within the last three years.

Re: Applying B2 with Cautions.
 

A medical exam is required before issuing the visa. It would be interesting to know if they'd send someone for the exam if they had no intention of issuing the visa regardless of what the medical report said.

Re: Applying B2 with Cautions.
 

I actually wrote a sentence to the effect that the referral to get a medical exam was a good thing -- and then, on second thought, I deleted it for the very reason that I did not know.

Also, other than OP and the ConOff, none of us were at the interview. When I used to do consular work, I was able to later talk on the phone to the ConOff [or their immediate boss] to find out what happened. I learned not to trust the client's perceptions. Not that they were lying or anything like that -- they were just upset at the denial and really didn't listen or observe the demeanor of the ConOff.

And, yes, that medical ain't cheap -- but a Las Vegas rule applies: "If you don't bet, you can't win."

Re: Applying B2 with Cautions.
 

Sandco, I am in a very similar situation as you were, and did my medical about 10 days ago. As your application has presumably been processed by now, can you let me know the answers to the questions you had originally asked?

Re: Applying B2 with Cautions.
 

Sandco never came back on to the site so I wouldn't hold my breath for an answer. Maybe start your own thread and ask your questions?