If k-1 & I-601 are denied....
Apr 19th 2007, 4:44 am
#16
Account Closed
Joined: May 2006
Posts: 191
Re: If k-1 & I-601 are denied....
You was'nt just walking down the street smoking a joint, and some copper stopped you ,took your spliff , and said, im giving you a caution.
You was obviously hauled off to the nick (in other words arrested).
Apr 19th 2007, 1:38 pm
#17
Guest
Posts: n/a
Re: If k-1 & I-601 are denied....
On Apr 19, 6:37 am, bigkevkev <[email protected]>
wrote:
> > On Apr 19, 10:00 am, bigkevkev <[email protected]>
> > wrote:
>
> > > Will I still be able to travel under the VWP to visit between my
> > > application denial & the time she moves here?
>
> > With a drug related conviction you are not eligible for the VWP. See
> > question B on the visa waiver form:
>
> > "B. Have you ever been arrested or convicted for an offense or crime
> > involving moral turpitude or a violation related to a controlled
> > substance; or been arrested or convicted for two or more offenses for
> > which the aggregate sentence to confinement was five years seeking
> > entry to engage in criminal or immoral activities?"
>
> > If you attempted to use the VWP they would probably let you in since
> > they won't know of your cautions, but it might make things a lot more
> > complicated in the future if you want to move to the US.
>
> I have used the VWP for the past 3 years and never had a problem.
> To be honest, I never knew that a caution would mean that I had to
> tick 'yes'. My visa is in process at the moment, so you think they
> will tell me I have been entering illegally? surely not!
You need to be very precise about what happened when you were caught
with cannabis. If you were arrested, then you entered the USA
illegally by making a false declaration each time you've used the Visa
Waiver since then. The Immigration Authorities are likely to get very
upset about that.
In England, a "caution" is a formal procedure. You are arrested, and
taken (or required to appear) at a Police Station where you are
formally warned that the offence has been recorded. Note that if you
get cautioned, you've been arrested; the Visa Waiver form clearly
states that you are required to declare if you were arrested for
drugs.
However: I'm not expert in this area, but I understood that the policy
was changed in 2002, and the police stopped arresting people for
possession of cannabis for personal use unless they were under age or
there were special circumstances. I think the normal process just
became an informal warning there and then. It's possible this still
gets described loosely as a "caution", but it isn't one in the formal
sense, and you don't get arrested.
You need to be clear about what happened to you, in particular whether
or not you were arrested.
wrote:
> > On Apr 19, 10:00 am, bigkevkev <[email protected]>
> > wrote:
>
> > > Will I still be able to travel under the VWP to visit between my
> > > application denial & the time she moves here?
>
> > With a drug related conviction you are not eligible for the VWP. See
> > question B on the visa waiver form:
>
> > "B. Have you ever been arrested or convicted for an offense or crime
> > involving moral turpitude or a violation related to a controlled
> > substance; or been arrested or convicted for two or more offenses for
> > which the aggregate sentence to confinement was five years seeking
> > entry to engage in criminal or immoral activities?"
>
> > If you attempted to use the VWP they would probably let you in since
> > they won't know of your cautions, but it might make things a lot more
> > complicated in the future if you want to move to the US.
>
> I have used the VWP for the past 3 years and never had a problem.
> To be honest, I never knew that a caution would mean that I had to
> tick 'yes'. My visa is in process at the moment, so you think they
> will tell me I have been entering illegally? surely not!
You need to be very precise about what happened when you were caught
with cannabis. If you were arrested, then you entered the USA
illegally by making a false declaration each time you've used the Visa
Waiver since then. The Immigration Authorities are likely to get very
upset about that.
In England, a "caution" is a formal procedure. You are arrested, and
taken (or required to appear) at a Police Station where you are
formally warned that the offence has been recorded. Note that if you
get cautioned, you've been arrested; the Visa Waiver form clearly
states that you are required to declare if you were arrested for
drugs.
However: I'm not expert in this area, but I understood that the policy
was changed in 2002, and the police stopped arresting people for
possession of cannabis for personal use unless they were under age or
there were special circumstances. I think the normal process just
became an informal warning there and then. It's possible this still
gets described loosely as a "caution", but it isn't one in the formal
sense, and you don't get arrested.
You need to be clear about what happened to you, in particular whether
or not you were arrested.
