B-1 Visa Advice
#1
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Joined: Sep 2017
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B-1 Visa Advice
Hi there,
Just looking for some advice:
I will need to travel to the US this year for business purposes, however this weekend I received a simple Police Caution for 'Obstruction'.
There were mitigating circumstances (essentially we called the police to try and help my brother who was having a mental health episode - they did not act with any compassion and I protested verbally at their manhandling of him for which I was arrested and accepted a caution).
I understand because of this I would now be ineligible to apply for the ESTA program and instead would have to apply for the B-1 visa.
I do not believe this offence would come under previous moral turpitude laws and would also be exempt as the maximum sentence is <1 year is prison.
This was a first offence and I have no criminal background other than this.
I was just wondering if anyone had any thoughts on how likely I would be to obtain the visa successfully - there seems to be a lot of conflicting advice out there.
Any success stories / advice on the process would be appreciated too - I understand the charge was recent but I would be looking to apply for such a visa in the very near term.
Thank you for any help.
Ryan
Just looking for some advice:
I will need to travel to the US this year for business purposes, however this weekend I received a simple Police Caution for 'Obstruction'.
There were mitigating circumstances (essentially we called the police to try and help my brother who was having a mental health episode - they did not act with any compassion and I protested verbally at their manhandling of him for which I was arrested and accepted a caution).
I understand because of this I would now be ineligible to apply for the ESTA program and instead would have to apply for the B-1 visa.
I do not believe this offence would come under previous moral turpitude laws and would also be exempt as the maximum sentence is <1 year is prison.
This was a first offence and I have no criminal background other than this.
I was just wondering if anyone had any thoughts on how likely I would be to obtain the visa successfully - there seems to be a lot of conflicting advice out there.
Any success stories / advice on the process would be appreciated too - I understand the charge was recent but I would be looking to apply for such a visa in the very near term.
Thank you for any help.
Ryan
#2
Re: B-1 Visa Advice
Firstly, have you filled out an ESTA honestly and been denied? Because if not, that's where you should start.
#3
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Joined: Sep 2017
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Re: B-1 Visa Advice
'We do not recommend that travelers who have been arrested, even if the arrest did not result in a criminal conviction, have a criminal record, certain serious communicable illness, have been refused admission into, or have been deported from, the United States, or have previously overstayed under the terms of the Visa Waiver Program, attempt to travel visa free under the Visa Waiver Program. '
Thanks
Last edited by AR9; Sep 13th 2017 at 6:02 pm. Reason: Name
#4
Re: B-1 Visa Advice
You never know until you try. I can't remember the exact wording of the questions and how they relate to your caution. The worst that can happen is you're denied and you have lost the money.
#5
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Re: B-1 Visa Advice
Any advice as to likelihood if the Visa application is required (i realise here that the caution is crazily recent but I was hoping that the nature of the offence may serve to override this).
#6
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Re: B-1 Visa Advice
"2) Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?'
I guess that is a no...
#7
Re: B-1 Visa Advice
Why are you unsure? Have you or have you not? If the one instance you posted is the only one, then the answer would be NO.
#9
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Posts: 2,134
Re: B-1 Visa Advice
Have you ever been arrested or convicted in relation to two very specific matters.?
On the basis of the information you have posted Rete has given you the answer.
I suspect that you have drifted into WHY are they asking that? Just don't go there. There is much that USCIS does that we will never understand.
#10
Re: B-1 Visa Advice
The WHY it is asked is because the amount of property damage and/or the seriousness of physical harm to another would be considered a crime of moral turpitude.
#13
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Joined: Sep 2017
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Re: B-1 Visa Advice
Hi All,
Authorisation approved! Thanks for all the help.
Anything else I need to be aware of for example on the U.S. side or is this the entirety of the process?
Thanks again,
Authorisation approved! Thanks for all the help.
Anything else I need to be aware of for example on the U.S. side or is this the entirety of the process?
Thanks again,
#14
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Location: Kentucky
Posts: 38,865
Re: B-1 Visa Advice
Ian
#15
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Joined: Jun 2017
Posts: 521
Re: B-1 Visa Advice
That's basically it. Just answer concisely if you are questioned at all in the US - don't start thinking that telling them up front about the episode without being asked will do you any favours. Likelihood is you'll be asked why you're there and where you are staying and how long for.