audi666

Hi
I have a caution for road traffic act 1988 S 173(1)(a)
can someone please advice if i need visa or can apply for esta.

Thank you.

crg

Forgery is almost certainly a CIMT. People with a CIMT arrest must answer yes to the question.

audi666

I didn't forge. My caution was for 'intent to misrepresent'.
Will it still be cimt?

crg

From the wording of the offense, it appears to be a CIMT.

(1)A person who, with intent to deceive—

(a)forges, alters or uses a document or other thing to which this section applies, or

(b)lends to, or allows to be used by, any other person a document or other thing to which this section applies, or

(c)makes or has in his possession any document or other thing so closely resembling a document or other thing to which this section applies as to be calculated to deceive,

is guilty of an offence.

civilservant

Yes, in my opinion - a misrepresentation is an attempt at deception.

audi666

Thanks.
So I have to apply for visa.
Do I have to get waivers of ineligibility?

civilservant

In my opinion you are not elligable for the VWP no, which means that you will need a visa to travel. As to a waiver, that depends on several factors - your age at the time of the offence, what the maximum sentence for that specific offence could be etc.

You should also be aware that the US Government are currently conducting a review with regard to their policy on UK Police Cautions. Until that is complete no application for a visa which involves such a caution will be adjudicated - this has been ongoing for several months and there is, as yet, no indication on when it might be completed.

audi666

I was 23 at that time back in 2003.
So it seems I could be waiting for awhile to get a visa.

crg

Can you get a caution for something that could carry more than a one year sentence? If not, then the single petty offense exception would kick in and no waiver would be required. The same doesn't apply to drug offenses.

audi666

Thank you for very much for your advice. I have no idea what would be maximum sentence though.

civilservant

You certainly can - Criminal damage, arson, sexual assault, the list goes on...

This is the whole reason for the review.

audi666

I am totally lost...
Will it be better to get advice from a lawyer. If so any recommendations please?

crg

They'd give a caution for arson or sexual assault? I'm sure the victims are thrilled...

Noorah101

Apply for a B-2 visa. Include a scan of your police certificate and any court documents showing resolution of the case, when you send in the online application.

Rene

audi666

Hi
I am waiting for my acro police certificate. Is that sufficient?
I didn't go to court so I don't have any other documents.