wellsFar

Hi,

I've read the few posts on here about this topic but would be most interested in what people think of the particulars of my case.

Basically I think my company ( I am UK resident based in UK) may send me on a course to the states in 3 or 4 weeks time.

Last year I received a formal caution (written caution) for having a stun gun in my possession... yeh stupid... but I didn't know they were illegal, and just bought it off ebay for a tenner and though no more about it. Anyway, turned out they are illegal (have been since 95 apparently), someone saw it in my house and rather than tell me they were illegal called the police! , but because of the circumstances (just had it in a drawer, never dream of using it, etc) I got off with a caution.

Now, as far as I can tell from the us embassy site this means that I should schedule an interview with them, apply for a visa and a waiver of the permanent ineligibility.

Clearly no time for that.

However it is certainly not a crime of moral turpitude which I understand is a question on the I-94W. I have no criminal record. And the thing I was cautioned for was bought in good faith from a usa company (where these things are legal for self protection).

So is it worth me taking my chances, going as normal, declaring it on the I-94W and bringing my formal caution sheet with me to show immigration on arrival ?

Or am I likely to be bounced back onto a plane home ?

Obviously there is not going to be a definate answer here. I tried calling the us embassy, but understandably they can't provide definate answers to questions such as this.

stu

peter1966

As far as i'm aware a caution doesn't show on your record. UK and US government do not share criminal record data (Data Protection Act) unless it's deemed appropriate (terroism etc....).

Have a great time on your course.

Kevin Keane

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

powerlord wrote:
    > Hi,
    >
    > Now, as far as I can tell from the us embassy site this means that I
    > should schedule an interview with them, apply for a visa and a waiver of
    > the permanent ineligibility.

Yes, that's the proper procedure.

    > Clearly no time for that.
    >
    > However it is certainly not a crime of moral turpitude which I
    > understand is a question on the I-94W. I have no criminal record.

Actually, you would be wise to ask an attorney. Possession of an illegal
weapon could conceivably be a CMT (although I agree that it is unlikely).

    > And
    > the thing I was cautioned for was bought in good faith from a usa
    > company (where these things are legal for self protection).

U-Oh. You may have got off easy; it could actually have been considered
smuggling illegal goods.

    > So is it worth me taking my chances, going as normal, declaring it on
    > the I-94W and bringing my formal caution sheet with me to show
    > immigration on arrival ?

Risky. They can turn you away simply for not understanding, and not
being able to determine if it was a CMT or not. That's why they want you
to go to the consulate in the first place; that way, the admitting
officer has a definite answer quickly.

Also, it is irrelevant if the caution shows up on your record. As you
found out, people may report you anyway, and if it turns out to be a
CMT, you could be found to have committed immigration fraud, a serious
matter.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.

NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (MingW32)
Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org

iD8DBQFEBv2T2STeoAchQDkRApzZAJ0R2edKgfVqtjx/4tuKsiBkdu1CaACgpqxe
0wSPkvqWKL1LxIEt7NgTSs0=
=5oj1
-----END PGP SIGNATURE-----

peter1966

I have a minor conviction (worse than a caution) and so do three of my best buddies and we have previously used the VWP several times.

Keane is right and is going by the letter of the law.

I'm giving you my experience thats all.