lifeinpieces

My (US) fiancee and I are in the process of applying for a k1, for me to return to the US for us to get married.

We filed the paperwork aprox. 7 months ago, so were hoping we'd be hearing something soon.

In preparation, over the last few days I've been reading around on the forums to get some idea of what's involved for the medical etc. and tonight stumble across the information with regards to US Imig. and UK police cautions.

Never had it occurred to me to think that having been cautioned for possession of a controlled drug, aged 16 (22 years ago), would be an issue.

Now, if I understand it correctly, I am in fact not eligable for a visa and will be denied one at interview?

Basically game over for any hopes of my moving to the US, after 2 years together, all the plans we've made, my relationship with her children, etc.

I am just in bits right now, speechless... I don't even know what to say to my fiancee, she will be crushed

kimilseung

Did it show on your documentation?

lifeinpieces

I've yet to apply for my ACRO, but realistically the police here won't have forgotten about it.

Obviously I'll still go ahead and get the ACRO.

But it's a drug caution and that's all they need to know to deny my application, as far as I can tell?

kimilseung

Well you might want to see if it is documented, and while you are still required to declare it if it is not documented, you might want to ask yourself if after 22 years you remember for sure, as (presumably) a non legal professional, that you in fact did receive an actual legal caution.

scrubbedexpat099

Have you used the VWP, if so what did you put down on ESTA?

tom169

What drug and how much?

lifeinpieces

Was the next thought I had after realising I'd be denied a visa..

That if I were to have been travelling to the US under the VWP and answering the drug conviction question in the negative (even believing that to be the honest answer) , that that would also constitute travelling under the VWP 'fraudulently'.

If that were to have happened, you can imagine how much better it might make one feel to be reminded of that now.

lifeinpieces

Too long a go to be certain on amounts, although it was considered 'personal'.

Was some amphetamine powder and ecstasy tabs... my friends and I were into the weekend club scene, we were stopped on the way to a club somewhere iirc.

tom169

The fact it happened as a minor and so long ago are positive. The fact it wasn't weed is a negative.

I'd suggest consulting with a competent immigration attorney.

lifeinpieces

Appreciate the responses.

I'll apply for the ACRO and file a subject access at the same time and see what I get back.

If I understand correctly, from the little research I've done, if records did exist they *could/should* have been destroyed before 2006. But very possible they weren't and went on the system anyway.

There may be some hope that it is a sign of early senility and I've actually imagined/misremembered the whole thing.

If not then I guess look for a competent immigration attorney, as per your suggestion tom169.

scrubbedexpat099

For the sake of clarity the application asks about all issues, not just those on an ACRO.

lifeinpieces

Understood, thank you.

Obviously I have no intention of making a fraudulent application.

It really was that long ago that I couldn't say for sure exactly what happened and what procedure, if any, was followed.

All I can say was I did something dumb and I got in trouble/learnt my lesson. Never has it been an impediment to my employment subsequently, I've even had CRB checks without issue over the years (contracting IT in schools/colleges for a while).

So, some clarification from the ACRO report and appropriate advice on how to proceed seems like a good plan.

BenK91

Wait and see what the ACRO comes back with, but as Tom mentioned - a consultation with an experienced immigration attorney should be at the top of your list.

lifeinpieces

Thank you again everyone for your replies.

Update:

I'm still in touch, via FB, with one of the guys I was with when we were all stopped, all those years ago. I spoke to him about his recollection of the whole incident.

In my naivety of youth, I'd assumed that as we were all stopped together and drugs were found in someone's possession that we were all cautioned for the offence.. Apparently not! It wasn't me that received the reprimand at all!

My ACRO certificate arrived today (having paid for the expedited service) and obviously states 'No Trace'.

Regardless, as I understand it, the whole thing does still have some implications for my medical exam and visa application and I've no intention misrepresenting etc.

So, as suggested, I will still seek the advice of an immigration attorney.

Do I need to be finding a UK attorney, or can I avail myself of the services of a US based attorney (from my brief search, they seem to be more numerous and some offer consultation via Skype etc.)?

Any recommendations? (Apologies and please disregard if this question isn't allowed on the forum)

MidAtlantic

IF you have never been arrested or cautioned for anything or been in possession of illegal drugs, then I am not sure what implications there are or what misrepresentation you may be involved with.