robb2002

....dear users, this is my first post here. I have been silly and gone and gotten myself a caution for ARSON not endangering life. It was my ambition to go and work in America next summer to work with children, could this be a serious impediment on my visa application.
I believe that the penalties are matched up against CIMT's in USA which I do not full understand. Basically I got really drunk with a friend and shoved a cigarette down the postbox, this then smouldered and I got cautioned for arson....although my lawyer says that the penalty was rather harsh I still have it there and cannot appeal it.

Does anybody know what the equivelant sentence/fine would be in America. I think I may have scuppered all chances of me ever returning to the USA and I am rather worried about this....any help would be appreciated.
Also does this apply to me?:
"22:1313 Kindling Bonfires.
It shall not be lawful for any person or persons within the limits of the District of Columbia to
kindle or set on fire, or be present, aiding, consenting, or causing it to be done, in any street,
avenue, road, or highway, alley, open ground, or lot, any box, barrel, straw, shavings, or other
combustible, between the setting and rising of the sun; and, any person offending against the
provisions of this section shall on conviction thereof, forfeit and pay a sum not exceeding ten
dollars for each and every offense."
Thanks

Rete

Your crime was not and would not be considered kindling a bonfire.

Yes, it might have an adverse effect but a consultation with an immigration attorney, either in person or via telephone, would be in order.

Rete

I found this:

http://www.iii.org/media/hottopics/insurance/test1/

ian-mstm

Could it be? Most definitely, yes. Will it be? Hard to say.


If it's any comfort, even immigration attorneys do not fully understand CIMTs! At any rate, what's important is not the penalty you received, but the maximum penalty you *could* have received. That's one method used to focus whether or not a specific incident is a CIMT.


Well, I've got to admit this is the first time something like this has been presented to us.


As Rete suggests, I don't think "kindling bonfires" is applicable... but you also didn't deliberately torch a building. You're fortunate that you weren't charged with interfering with the Royal Mail which would have carried a much stiffer charge and which, in the US, would be considered a federal felony.


Despite the foregoing, I'm not sure it's all that hopeless. You do need to speak to an experienced US immigration attorney who will be able to help you plan out a course of action. Good luck to you.

Ian

Ray

The maximum sentence for arson is life imprisonment. in the UK ...

crg

How old were you at the time of the offense. There is anecdotal evidence that the US consulates are not considering UK cautions as a conviction or admission of guilt in many cases.

Arson is a CIMT.

snowguy

According to

http://www.associatedcontent.com/art...s_mailbox.html

"Tampering or vandalizing a mailbox is a federal offense, which can be punished with up to twenty-five years in prison"

robb2002

The caution was for arson not endangering life....I pressume that this would seriously restrict any chances of me being inssued a visa. I am not sure what the original arrest was for, however the caution was for the above. Do police not have Cautions in USA? Please pardon my ignorance I am new to all of this as I've never been in trouble before.
I was 21 when it occured last months. I know it was a stupid thing to do and I do truly admit that, but I suppose it doesn't make it right or ok, I have definately learnt my lesson.

crg

It may not be a problem. I don't think cautions automatically count as convictions or admission to the essential elements of a CIMT. You won't know for sure until you apply for the visa.

Be sure to let us know how it turns out.

robb2002

I'm just going to have to see what the outcome is....to be honest and although I should be thinking positively I don't think I would get issued with a visa as it is so recent.
Who knows what the future holds? I'm just gonna have to try and prove that I am not a danger to society and that this was most certainly a one off and totally out of character for me.
However I suppose it will be up to the visa agent on the day to decide my fate.
Does anybody here know anything about J-1 visas? Would I be ineligable for one of those now?
Thanks

fatbrit

I'm beginning to agree with you.

ian-mstm

To the best of my knowledge, every visa will require you to disclose any prior offenses - and many of those visas require a police certificate prior to an interview.

Ian

crg

Criminal issues that can lead to a visa denial are the same for all of the nonimmigrant visa classes with the exception of the diplomatic classifications.

If the caution is not considered a conviction by the consular officer, it doesn't matter how recent the problem was. However, the fact you did it while drinking could cause concerns that you're an alcoholic with associated dangerous behavior. That could lead to inadmissibility on health grounds.

bjohn

...... and whilst smoking a cigarette - curse those simple pleasures in life

SwindonLad

This will be the issue likely...I suspect it will be a problem.