Expat-Newbie

Hey All,

I've been working for a big multinational company for 2 years now and have been asked to move to the states which will be an inter company transfer. (i assume this will be under L1-b visa application as I have a specialist degree and working field)

Now I have read up on some recent threads from 2012 regarding visas about cautions and convictions etc so I wanted to explain my situation and see if anyone can perhaps give me some advice on if this could cause issues. Truly appreciate any advice or information given.

I had a stupid incident almost three years ago where I had a bit too much too drink and walking into a festival agreed to hold my friends class c drug. Never touched the stuff and never will and didn't think anything of it at the time and ended being pulled to the side by the police. They asked to search me I admitted and also explained the situation and was given a simple caution, I asked at the time what implications this could have on future job applications, CRB checks and they said it is not a conviction and therefore shouldn't be a problem (later found out this was not the case and that it may show up on advanced CRB but still not 100% sure?).

Now before applying to my current work I read up an was told that this was a simple caution/not an arrest and in no way a conviction and that I wouldn't have a criminal record number only a ID number with info on the caution that would show up in a database for 5 years. (Is this is incorrect please let me know). My work only asked if I had ever been convicted or have a criminal record to which I have honestly answered no too.

With this is mind I wanted to know the following:

For the US immigration application:

Will a CRB check be a normal or advanced CRB?
Will a simple caution show up under CRB?
If so how would it be treated?
Could I face ineligibility under section 212(a)(1)(A)(iv) under drug abuser? ( I have been drug screened every year as standard procedure and passed) (would 3 years from caution be enough time?)
Should I declare this to my employer? Should I declare this on my visa application? Will I need an additional attorney not just the company one?

I'm worried this mistake i made may prevent my application being accepted and furthermore might end my career. Any help, advice or information would great.

Thank you.

civilservant

You will need to request an ACRO report - I'm sorry to say your caution will most definatly appear on this report. Accepting a caution is essentially agreeing you are guilty, and is always recorded on the Police National Computer (PNC).

You will definatly need to declare it for the visa as it will be on the report, so best to tell your employer now.

You should really have a consulation with an immigration attorney anyway, remember that their attorneys work for them - NOT for you.

Are you likely to be refused a visa? I would say yes perhaps at first, but you wpuld also perhaps be considered for a waiver. The fact it is a single offence is a good thing, but the fact it is so recent is bad. You are likely to receive questioning on the incident at the medical to determine if you are a habitial drug user.

Expat-Newbie

Thank you very much for the information. It was what I feared just did not realise at the time.

I will talk with my company on Monday about this.

Should I have a consultions with my company visa attorney or get one myself?

When you say refused at first do you mean I would have to apply again or would the waiver only be able to be applied for after I was refused? If a declare it on the visa will they not want to question me before refusing the application?

I have had 2 company Medicals in the last 2 years as standard procedure for new employees and have been fine. As mentioned I have never touched the stuff. So a medical would be no problem, so if I do pass the medical examination I would still have to have the waiver approved? Any information on the waiver and how likely I would be to be considered?

Really gutted now!

Thanks for the info again.

materialcontroller

I would say it's by no means certain the caution will appear on the ACPO certificate. Therefore I wouldn't do anything just yet until you definitely know what the ACPO certificate says.

Expat-Newbie

Is talking to my company straight away the best way to go or should I first get advise from the visa company that will be processing my application?

Im wondering the best way to go about this as I want to be honest but don't want to be talking to people causing unnecessary harm when I may be able to initially discuss with the visa company or expat adviser in a confidential manner.

I will be declaring this on my application I just was interested to know what and how much information will be shared with my company about the application and if it is rejected with a the room for a waiver application how much information they will be provided with.

If I do need to talk to my company first I will do.

How long does it take to get an ACPO certificate?

materialcontroller

The ACPO takes about two weeks. I wouldn't discuss the visa any further with any parties until you've received it and know for sure where you stand.

civilservant

It won't take that long, perhaps a couple of weeks. I agree with MC, get the ACRO Cert before you go anything else and see what it says- then go from there.

slummymummy

I agree too, get the police cert first. If you're lucky it won't show up...

A friend of a friend of mine was very nervous about hers as she had been arrested for being drunk & disorderly (asleep on a nightbus). This did not show up. It said No trace. She was very relieved at not having to discuss her drink habits with immigration. There was no caution though, just the arrest. And it was longer ago. Good luck. So annoying when something so stupid might stop a great career move, I feel for you.

Expat-Newbie

Thanks everyone, i am going to apply for the ACRO certificate at the weekend on a fast track basis and hopefully will get this back at the end of the week.

I just have a feeling that with it only being 3 years ago and being a caution that theres a high possibility of it showing up. Then i need to think about how to discuss this with my company and how to declare it on the application.

i am hoping this would be treated as a low offence and that it might be considered under a waiver but i don't know that much information and if my company would still be happy going forward with it.

feel very stupid that my little mistake has come back to haunt me.

materialcontroller

I'll explain my reasons for thinking this incident may not have made it as far as the PNC.

You haven't mentioned being taken to a police station (in fact you say the police said you weren't under arrest so being taken to a station seems unlikely). So you were at a festival, no doubt along with thousands of other people and got collared for a small amount of dope (marijuana maybe?) while standing in a muddy field somewhere. The simple caution more than likely amounted to the cops taking the stuff off you and telling you not to do it again. They probably did the same to tens if not hundreds of other people at the festival.

Now are those police officers going to get back to the station and record all of these encounters formally? In my opinion, there's a fair chance they did not. Or they may have done, but only as far as the local forces own records and not the PNC.

Then again, I could be totally wrong about all of that. But you won't know until you get the ACPO certificate. And that's why there's no need for you to mention anything unecessarily at this stage.

Good luck Please keep us all informed about the ACPO when it arrives as well as the rest of your application. I wish you well with it.

henryh

Which drug was it? There's special leeway if it was 30 grams or less of marijuana. Anything else could be more of a problem.

civilservant

Did you sign anything OP? My understanding is to accept a caution you have to sign it. Did you receive any paperwork?

Now that MC has me thinking about it, they could have phrased as a caution but I only actually be words of advice, which would be very unlikely to be recorded.

Expat-Newbie

They had a tent set up by the entrance and in there they took finger prints and i think i may have signed something. I cant be 100% but i know that details were taken from me so i am unsure whether this would be for local records or as you said PNC.

i have been reading up about other peoples situations relating to these kind of matters and still not being a 100% sure on what a caution is i think i may have caused myself further problems.

Around 1 and a half years ago i applied for the ESTA VWP and under my own knowledge did not think that a caution classed as an arrest and as it was not a conviction i said 'no' to the question regarding if i had ever been arrested or convicted of a crime (CIMT, controlled substance etc...). So i said 'no' and travelled there on business with no problems.

I really had no idea until further reading that a caution classed as an arrest and i'm worrying that even if i do declare the caution on my visa that they will think i lied on my VWP and potentially ban me indefinitely.

I had no idea that i may have completely screwed up this whole thing through that!

Any advice or information on this would be again a huge help. Thanks for all the advice so far and ill keep you posted about the ACRO.

materialcontroller

I don't think the previous VWP visit will be problematic. You made an honest mistake in not fully understanding all the implications. Now if you had known the full details and lied by saying "NO" to the arrests/ convictions question, that would be a different matter because you'd have deliberately misrepresented yourself. But you didn't do that. Your mistake in not understanding was not deliberate.

Expat-Newbie

Thanks for the information.

So as i made an honest mistake how would i ensure that US immigration know that if i do have to declare the caution?

I will obviously be waiting until i receive the ACRO certificate and the go from there.

For anyones further information it was a class c drug of some sort. not sure exactly as i only stupidly had it in my pocket!