K1 Visa - Historical Caution
 

Hello, I am applying for a K1 Visa. I received my police certificate, which stated "no live trace".

I have applied for subject access request, and it stated when I was 11, I was given a police caution for arson. This was 16 years ago, and I was unaware I was cautioned. From what I remember, the police interviewed me because there was a fire underneath in the flat. The neighbors were trouble and blamed me for the fire, and I had the interview. Nothing else happened after that.

Will this affect my chances of being approved for the K1 Visa? And what steps should I take to prevent this being a reason for rejection?

Many thanks.

Re: K1 Visa - Historical Caution
 

You'll need to obtain all the documents regarding the caution, and hope for the best with respect to a waiver of inadmissibility - the petty offense exception does not apply in your case as the maximum sentence for arson is more than one year.

Re: K1 Visa - Historical Caution
 

Thank you, and how would I obtain these documents?

Re: K1 Visa - Historical Caution
 

Start at your local Police Station. You should be fine as you were under 18 at the time.

Re: K1 Visa - Historical Caution
 

I found this:

"Juvenile Crimes Involving Moral Turpitude. Broadly speaking, there is no CIMT restriction on someone whose only crime was a CIMT committed while the perpetrator was under the age of 18 and if the crime was committed more than 5 years prior to the date that the alien applies to enter the USA or apply for a visa. If the perpetrator was imprisoned, s/he must have been released more than 5 years prior to the application for admission to the USA or application for a visa."

Does this mean as I was only 11 at the time, and was 16 years ago, that this would not be grounds of inadmissibility?

Re: K1 Visa - Historical Caution
 

Either way, you’re still need to provide documentation.

Re: K1 Visa - Historical Caution
 

Thank you. Yes I am aware of that now, just wondering if this affects if I get accepted or not, and if I need a waiver or not. And if so, is this waiver likely to be granted.

Will the ACRO subject access be enough evidence? Thanks so much for your help.

Re: K1 Visa - Historical Caution
 

No the SAR will most likely not be enough - be armed with the records from the Police station (if any) or a letter from them indicating they are not available or no longer exist if not.

Re: K1 Visa - Historical Caution
 

Ok, many thanks.

& how does it work if I do need a waiver? How do I apply and how long extra would the wait be?

Re: K1 Visa - Historical Caution
 

I believe the IO has to recommend/say your eligible for a waiver, and then will provide details on how to go down that route.

Re: K1 Visa - Historical Caution
 

Thank you. Is it possible I won't even need a waiver as it is so long ago, and was just a police caution? I wasn't convicted. Didn't go to court. No fine. Just a "don't do it again".

Re: K1 Visa - Historical Caution
 

I honestly couldn't answer that. You'll find out when you go for the interview.

Someone with more experience may chime in and say I'm wrong but I would assume it's a wait and see kind of thing.

Re: K1 Visa - Historical Caution
 

Thanks so much.

Re: K1 Visa - Historical Caution
 

I believe the waiver form can be downloaded here: https://www.uscis.gov/i-601

You could potentially fill it in now and have it with you just in case the consular officer says that a waiver is required. That way, you could submit it there and then rather than having to mail it later, thus shaving off a few days from what I hear is quite a lengthy review process.

That being said, if you see my recent thread on applying for an IR-1 with a questionable/potential CIMT you can see some of the steps I took and additional documentation I brought with me - see in particular Sentencing Council guidelines which were in force *at the time of the incident*, not necessarily the present ones. In the end I needed none of the stacks of paper I brought with me, the consular officer just didn't care - and given what I see about your case I think it would be similar, though obviously I cannot say for certain. Best to bring everything possible in terms of paperwork for your own peace of mind, and then (hopefully) be relieved / annoyed with yourself when none of it is required.

Re: K1 Visa - Historical Caution
 

Thank you very much for your informative answer. Much appreciated and very helpful!