Folinskyinla

Hi:

I was thinking more of the regulations at 8 CFR 292.1(a)(6). I can see that under the old definitions, there may have been problems of fitting "solicitors" and/or "barristers" into the US definition, but that is not a problem today.

fatbrit

I see its a matter of discretion. Do you think aunty quoting "8 CFR 292.1(a)(6)" to the marine at the door of the embassy is going to get her in?

nettlebed

May not even get to the Marines. The last time I went there were British Special Forces armed with sub-machine guns outside the concrete barriers before you even got to the Embassy itself.

That was 2002, so things may be different now, of course...

fatbrit

Hot, sweet tea in a thermos will get you by those pansies. It's the marine I'm worried about.

spanishfly

I have just recieved my police certificate through the post and it has come back with the result of "NO TRACE" which means that there is no (ZERO) trace of me on the Police National Computer meanng that i was never charged, convicted, cautioned, reprimaded or given a warning at the time of my arrest at 17 years old.

I am now totally confused as to what information i should divulge at the interview at the embassy. Sure i have ticked the box that says that i have been arrested (as i was) but i do not have to tell them that it was for possession now do i? Can i not plead ignorance and say that i was arrested for Drunk and Disorderly?

any advice or info is always welcome as long as it is constructive.

Thanks

nettlebed

Drunk and disorderly is not a criminal offense on its own: it is a civil offense only. It is not something that the USCIS really cares about unless you are an habitual drunkard...

I had a D&D a long time ago, and when I submitted it to UNS (as it was back then) it came back stampeed "Not 212(a)...", meaning it was not relevant to my visa application.

I would declare it.

spanishfly

So you would still declare that i was arrested for possesion of cannabis?

nettlebed

Yes. I would not lie to USCIS.

fatbrit

You're asking folks whether they think you should lie or not to receive an immigration benefit. It's between you and your god.

spanishfly

Thankyou for the advice.

Ray

Those request goes back just 10 years .... before that will still be there ..but was not requested ..

JAJ

Or it may mean that the caution etc. is now "spent" (which U.S. law doesn't recognise).

First thing you need to do is find out if you were really cautioned in the first place ... ask the local police force for a copy of the information they have locally.

spanishfly

No this is not correct.

According to the documentation that was supplied with my Police Certificate if there was a spent conviction on record it would say "No Live Trace" meaning that there is still spent information held about me.

Instead it states "NO TRACE" meaning that there is NO information held on the Police National Computer what so ever about me.

crg

It's not especially relevant since the visa application asks if the person was ever arrested regardless of if it was a bazillion years ago, forgotten, forgiven, expunged, or if the records were lost in a tsunami, trailer park fire, a meteor strike, or if a dog ate it.

They'll ask what the arrest was for and hopefully they'll apply the regulations properly and determine that it's not an issue. I don't think it's a good idea to make up a drunk and disorderly story.

spanishfly

If its not relevant why do they requesdt it?