cstarr1

Hi there, never posted before but my sister recommended me to this site.

I'm hoping to travel to the US at the end of the year to surprise my boyfriend for his birthday. I know that he has a criminal record but with NO convictions, only a caution in burglary and breaking an entering.

I know that you can not travel if the conviction falls under being a crime involving moral turpitude like burglary does and breaking an entering doesn't but does it matter that it's not a conviction it's only a caution?! He was never charged with anything, he never had to pay a fine or went to prison, he just got a slap on the wrist.

The criminal record is wiped when he turns 25 which is a years time as he was cautioned as a teenager, but does it not matter that it is a caution not a conviction? I haven't been able to find anything that helps.

Is there anyone I can call who can advise me?

Thanks

Marocco

Hi - the questions on the ESTA form are pretty clear. The only complication is the definition of "crime of moral turpitude", but in your boyfriend's case this is not an issue (burglary is a CIMT).

ian-mstm

Bex2203, I'm guessing!


Theft, of any sort, is a CIMT. The question asks whether or not you have ever been arrested or convicted of a CIMT. Was he arrested? If so, then he is not eligible to use the VWP and must apply for a B-2 visa. End of story.

If he was not arrested, keep in mind that a caution is an admission of guilt regardless... and the US has recently stepped up scrutiny of UK cautions - and such scrutiny is causing a 25-30 week delay on all such decisions. So... plan accordingly.


With respect, this makes no difference to the US... and it's US law you're dealing with here!

Ian

civilservant

Burglary is clearly a CIMT, so if he was arrested and taken to a police station, he'll need a B2.

S Folinsky

"Common law burglary" is indeed a CIMT. That said, the classification as a CIMT may very well depend upon the elements of the actual statute under consideration. For example, here in the Golden State, Penal Code section 415 "burglary" has been held to NOT be "categorically" a CIMT.

This can be a topic of a long legal discussion beyond the scope of this discussion.

cstarr1

Haha yeah bex! Haha, I've travelled to America before on an ESTA so I know I'm fine, which is good!

I've never heared of a B-2 visa, is it more difficult to apply for one?

Thank you

materialcontroller

It's certainly more involved and expensive than an ESTA application.

Your bf will need to apply for an ACPO certificate as a first step. If that comes back with no details of his caution, he'll also need a Subject Access Request from the police force that cautioned him.

Once he has these things, he can then make a visa application. This involves an online application form (in a lot of detail), paying for the visa processing and attending an interview at a US consulate.

Pulaski

Everything M/c said above, plus you're hoping to travel "at the end of the year", which I suspect is now unlikely as it would be financially reckless to buy tickets until he has the B-2 visa in his hand, and this is going to take about six months because his initial application will be rejected and then he'll need a waiver of inadmissibility, which takes upwards of 20 weeks.

If his criminal record doesn't include recent activity then, with appropriate evidence of current good moral character (remorse and exemplary behavior) he should be granted a visa, but that can't be guaranteed.

cstarr1

Ok thanks everyone, I don't think it's gonna be possible.
This is why I will advise everyone to stay out of trouble if they ever want to see the world!

n1cholas90

I'd personally go ahead and apply for the B-2 visa - that is the only way you're going to know whether you can travel or not. Worst case scenario - you get denied and you're out of pocket $160 - on the other hand, and its certainly possible, you may get approved and away you go on your trip as planned.

I recall seeing one user on the forum very recently being approved a full 10 year, multiple entry B-2 visa on the day of his interview at the embassy, and he had 2 cautions on his record, one of which relating to a controlled substance - the cautions I believe were 9 years old, so a little further in the past, but still - not years and years ago by any means.

It certainly does not seem to be as black and white as a definite denial and therefore requiring a waiver of ineligibility with a 24 week wait for all people with cautions on record.

Pulaski

Not for US visa application purposes it isn't, it stands forever.

S Folinsky

Beg to differ slightly -- as noted in the sticky above, "joy riding" is NOT a CIMT. However, in the "aggravated felony" arena for theft related offenses, joy riding is within the definition. It is one of those crimes that is not CIMT but can be an "aggravated felony."

BTW, "aggravated felony" is NOT a ground of inadmissibility.

ian-mstm

Correct me if I'm wrong, but isn't that because there is no intent to stea... umm... use the car for anything more than a temporary time period?

Ian

S Folinsky

A "temporary" theft is not a CIMT but is still a theft.

ian-mstm

So, Ben Gates didn't commit a CIMT when he stole the Declaration of Independence - since it was only ever temporary - but he still commited theft! Ah, got it.

Ian