materialcontroller

At a guess, it might say NO TRACE. Why don't you apply for the ACPO certificate and find out for certain?

I think you know the answer to this now. They are going to ask. Should you stay quiet? No. If you stay quiet and don't declare the caution on a visa application, you will be breaking US immigration law.

fatbrit

If you stay quiet, it will haunt you all the way through your immigration journey. The question will reappear when you apply for residency, and again for naturalization. In fact, the naturalization questionnaire goes so far as to ask you whether you have ever committed a crime for which you weren't arrested or convicted!

The offense as so far outlined is not likely to have any immigration consequence, though it may lead to delays. The issue is with your employers and your relationship with them rather than the US immigration authorities

papamartin

Thats whats got me worried. Its properly best to simply declare and get it out of the way, than to spend months, years or possibly decades worrying about weather or not it will catch up with me at a later date.

papamartin

If you declare that you have a criminal record you are usually required to appear in person at the US Embassy. If you do so and are granted a visa do you have to appear in person at a US embassy every time you need to renew your visa or does the embassy consider the issue 'delt with'?

lansbury

I'm sure you having been arrested once you are an expert on the whole subject. But as I have arrested and processed more people for criminal offences than you I'll stick with my opinion. The mere fact you were photographed and fingerprinted in 1999 means in the circumstances you describe you were arrested. As you seem not to have been told that fact, we must all assume that they didn't bother to tell you but just filled all the forms out as if you were. Problem is the record would show an arrest. But do as you wish, you will anyway as you keep knocking down anything that doesn't fit your plan. To answer your original question, yes I know what information ACPO has access to and what they do with it. As Rene said the consequences of lying are far worse that telling the truth, will they find out, well that's what you came here to find out and no-one can predict that 100%. I could make a educated guess at the odds they will which would be................................

Noorah101

You need to appear in person for the visa interview even if you don't have a criminal record. That is just standard procedure.

It depends. If you really need a new (renewal) visa, you need to appear in person. If your status can be extended from within the USA, you don't have to appear anywhere in person. But if you then leave the USA, in order to return to the USA, you'll still need to go in person to get the actual visa in your passport.

Rene

papamartin

OK, whatever you say.

papamartin

Do you mean that even if I leave the USA for a few days or weeks I would have to apply for a new visa? I was under the impression that visas allowed multiple exits & entries.

Noorah101

No, only if you NEED a new visa (if your current one expires).

You asked if you had to appear in person if you need to renew your visa...and that answer is "yes". If you're just leaving the USA for a few days or weeks, and your current visa will not expire during that time, then you don't need to renew your visa.

Rene

papamartin

Thank you, Rene.

alliekat

Papamartin, I tried to send you a PM, but the site said you chose not to permit private messages.

I'd like to talk to you about how your situation turned out. My fiance are in a similar circumstance (police didn't arrest him or anything, and we can't figure out if he has an "official caution" or just a verbal talking to or maybe nothing at all). We are also following the same procedures that you have to try to determine what is going and how to answer questions. We emphatically believe that a police interaction such as questioning would NOT require a "yes" answer to arrests. But it sounds like the UK police have, on occasion, (maybe even tend to?) (mis) lead people to believe that they have not been arrested and that a "caution" is a casual turn of events with no official recourse or anything, when in fact they have been officially arrested and cautioned. Of course, when the police use ambiguous terminology and tell people that they'll let them go with a warning, or caution, or similar terminology and don't book people in and/or give paperwork when they go, it's pretty hard to figure out what exactly happened if you've nothing to refer to later on.

I don't know if it's the case with others in the UK, but we are confused about what to call his interaction with the police and whether or not he actually HAS a caution, since nothing was given in writing at the time and there was no booking in. That said, given what I've been reading - including your experience of being led to believe that you were not, at any time, under arrest - we are concerned that it may show up as something other than what he thought it was.

Of course, we don't want to cause ourselves any headaches if it's not necessary, as not using the VWP requires a load of time and expense and once any other process is started, evidently it can't be abandoned in favor of the 'easy way'.

Would you mind posting an update or PMing me if you prefer?

I hope your situation turned out favorably. It seems that there are a lot of alarmists and judgements that take place on forums, (really great advice, too!) but it's perfectly understandable to me to do as much research and take as much action as possible to pre-empt possible embarrassment, expense, headache and heartache. Engaging in the expensive, time consuming, emotionally draining difficult path voluntarily "just in case" or because you are not sure of something seems like the wrong answer to me.

All the best

christmasoompa

But most cautions are just verbal warnings aren't they? I've never heard of anybody being given paperwork for just a caution.

alliekat

Then how can they be an admission of guilt?

alliekat

And for the record, it appears that you can be cautioned without having been arrested.

http://www.adviceguide.org.uk/englan...icequestionyou

"When the police can question you"

It also appears that you can be detained without being under arrest.

"How long the police can hold you"

Lastly, it appears that you can be given a warning - not an official police caution. I am unclear as to whether you need to have officially been arrested to obtain a warning.

"Police powers to deal with you without having to go to court"

For me, and for many others, I'm sure that some of these definitions cause confusion as to whether or not one is necessarily arrested before receiving a caution.

christmasoompa

Because you have to admit to guilt before they are given. My understanding is that most cautions are handed out on the street for minor crimes, there's certainly no 'booking in' at a police station etc.

It's basically somebody admitting they've done something wrong, and a policeman taking their details and telling them they've been a naughty boy isn't it?