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F1 via application with spent caution for theft

F1 via application with spent caution for theft

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Old Jul 22nd 2018, 6:26 pm
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Default F1 via application with spent caution for theft

Hi all, appreciate this may have been covered before but am wondering about my specific case if anyone has any knowledge on the subject.

I am a UK resident planning to apply to business schools in the US early next year and am wondering whether, if accepted, a 12-month spent caution I received 3 years ago for theft would be an issue. The incident was a silly drunken mistake/prank that was resolved quickly with the police and establishment in question and was for a relatively low value of property, I was also not arrested (they called me after tracking down phone number and I voluntarily attended the police station).

So, in terms of the F-1, the answer to the question have I ever been "arrested or convicted" is truthfully no, however I am aware it would still show up on an ACRO report as it lasts for 5 years. It was a misdemeanour offence so I am hoping that even if they did find it might quialify for the petty exception? However i'm not sure if this is the case and I am aware that theft classifies as a CIMT. Does anyone know whether US immigration run their own ACRO report of if I answer no to the arrested/convicted question I should be fine?

Would be really grateful if anyone has information relevant to this issue as am really concerned this could affect my chances of obtaining a visa to study.
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Old Jul 22nd 2018, 7:32 pm
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Default Re: F1 via application with spent caution for theft

Originally Posted by james1989
Hi all, appreciate this may have been covered before but am wondering about my specific case if anyone has any knowledge on the subject.

I am a UK resident planning to apply to business schools in the US early next year and am wondering whether, if accepted, a 12-month spent caution I received 3 years ago for theft would be an issue. The incident was a silly drunken mistake/prank that was resolved quickly with the police and establishment in question and was for a relatively low value of property, I was also not arrested (they called me after tracking down phone number and I voluntarily attended the police station).

So, in terms of the F-1, the answer to the question have I ever been "arrested or convicted" is truthfully no, however I am aware it would still show up on an ACRO report as it lasts for 5 years. It was a misdemeanour offence so I am hoping that even if they did find it might quialify for the petty exception? However i'm not sure if this is the case and I am aware that theft classifies as a CIMT. Does anyone know whether US immigration run their own ACRO report of if I answer no to the arrested/convicted question I should be fine?

Would be really grateful if anyone has information relevant to this issue as am really concerned this could affect my chances of obtaining a visa to study.
But you have been convicted. A criminal caution is treated as an admission of guilt and a conviction by the US authorities. Therefore the answer to the question on the visa application is YES.
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Old Jul 22nd 2018, 7:45 pm
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Default Re: F1 via application with spent caution for theft

https://britishexpats.com/articles/u...migration-law/

An interesting read.
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Old Jul 22nd 2018, 9:22 pm
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Default Re: F1 via application with spent caution for theft

Originally Posted by james1989
Hi all, appreciate this may have been covered before but am wondering about my specific case if anyone has any knowledge on the subject.

I am a UK resident planning to apply to business schools in the US early next year and am wondering whether, if accepted, a 12-month spent caution I received 3 years ago for theft would be an issue. The incident was a silly drunken mistake/prank that was resolved quickly with the police and establishment in question and was for a relatively low value of property, I was also not arrested (they called me after tracking down phone number and I voluntarily attended the police station).

So, in terms of the F-1, the answer to the question have I ever been "arrested or convicted" is truthfully no, however I am aware it would still show up on an ACRO report as it lasts for 5 years. It was a misdemeanour offence so I am hoping that even if they did find it might quialify for the petty exception? However i'm not sure if this is the case and I am aware that theft classifies as a CIMT. Does anyone know whether US immigration run their own ACRO report of if I answer no to the arrested/convicted question I should be fine?

Would be really grateful if anyone has information relevant to this issue as am really concerned this could affect my chances of obtaining a visa to study.
As far as US immigration is concerned, it is NEVER spent, they work to different rules etc, it will appear on your ACRO report.
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Old Jul 22nd 2018, 10:29 pm
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Default Re: F1 via application with spent caution for theft

Sounds like your mistake will have lasting implications on your ability to obtain a US visa .
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Old Jul 23rd 2018, 2:15 am
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Default Re: F1 via application with spent caution for theft

I would assume you will need a waiver and allow enough time for one to be processed.
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Old Jul 23rd 2018, 4:38 am
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Default Re: F1 via application with spent caution for theft

Originally Posted by james1989
Hi all, appreciate this may have been covered before but am wondering about my specific case if anyone has any knowledge on the subject.

I am a UK resident planning to apply to business schools in the US early next year and am wondering whether, if accepted, a 12-month spent caution I received 3 years ago for theft would be an issue. The incident was a silly drunken mistake/prank that was resolved quickly with the police and establishment in question and was for a relatively low value of property, I was also not arrested (they called me after tracking down phone number and I voluntarily attended the police station).

So, in terms of the F-1, the answer to the question have I ever been "arrested or convicted" is truthfully no, however I am aware it would still show up on an ACRO report as it lasts for 5 years. It was a misdemeanour offence so I am hoping that even if they did find it might quialify for the petty exception? However i'm not sure if this is the case and I am aware that theft classifies as a CIMT. Does anyone know whether US immigration run their own ACRO report of if I answer no to the arrested/convicted question I should be fine?

Would be really grateful if anyone has information relevant to this issue as am really concerned this could affect my chances of obtaining a visa to study.
It appears to me that OP has been "arrested." Whether or not "caution" is a "conviction" is a different question. That said a caution includes an "admission" and the ground of inadmissibility is for "conviction or admission."

There is a "petty offense" exception.

As a general rule, the immigration authorities are tightening up on enforcement of the immigration laws.
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