boltonreddave

Hello All,

Yes, I know there is much discussion about what you have o do if you have ever been arrested or convicted, but I thought my own circumstances were a little different.

So, My wife is applying for an L1A with myself on an accompanying L2. Clearly the DS160 asks if you have ever been arrested. Now, to the best of my knowledge I was arrested twice in 1997 when I was 21. The first time was for criminal damage to a car and the second was for Drunk and Disorderly. I was in the cells overnight on both occasions and my understanding was that I was cautioned on both occasions.

So, I send off for two things, the ACRO Police Certificate and a Subject Access Request to give dates and any other details I might need.

The Police Certificate has come back as 'No Trace'. I called the ACRO service to confirm if this meant that I definitely had no cautions and they said yes. All very good for me. Now I just needed to deal with filling in a VCU1 form with the details from the Subject Access so that I can take it to the Interview.

Guess what, the Subject Access has also come back with no information held. I again called to confirm is this was correct. So, I have answered Yes on the DS160 as I THOUGHT I had been arrested / cautioned, but the Police Certificate is No Trace and there is zero info held about me on the PNC.

I am very glad about all this of course, but will the embassy be? I cant get any more information to back up why I ticked yes on the DS160. My plan is to be absolutely honest and stick with the yes and back it up with the Police Certificate and Blank Subject Access.

Thoughts?

civilservant

Seems like theres little more you can do.

boltonreddave

Just a bit more info. Fragomen in the US have been appointed by the company to handle the Visa applications and so far they have not been very helpful to me. They keep saying I need to apply for 'Enhanced Disclosure' which from what I can see is part of the CRB process for employers only.

I have explained what information I have obtained but it would appear that they are not familiar (at least the person I am dealing with) with the UK arrest/caution procedure.

They have said that they now need to consult with their UK office and that the cost (to me, not my wife's company) will be approx. $2,550!!

All I need is a half hour phone call with someone in the UK who understands the system, what a rip off.

LonelyCloud

You have to love the British Police (I was one for a long time before anyone comments). You probably either signed a note book to say you accepted a caution or were told your cautioned by the desk sergeant on the way out. Neither of which count for squat and it was common practice just to 'hold' someone overnight and let them walk away in the morning with a 'clip around the ear'.

IF you were cautioned and it was pre 2006, it's possible it was never recorded in the first place and due to the length of time past, nothing will be able to locate it as it would have been a paper record.

From your comments, it would appear that Fragoman are trying to bleed the stone dry. An advanced DBS check, with all the trimmings costs £44.

boltonreddave

Thanks Lonelycloud.

Can I apply for a DBS check, as I thought this route was only open to employers? It seems odd to be in a position where I want to be as honest as possible but have ended up in a position where I am unable to prove what I have ticked on the DS160 and subsequently noted on the VCU! I am sure none of this will be a problem but until the visa is issued I have this nagging thought that I am going to be told to go away and prove that I was actually arrested, lol!

LonelyCloud

You're correct, only an employer can apply, you can't yourself. From what I recall, unless the ACRO stated 'no live trace' (which it didn't) then the DBS will say the same. Also since it's your wife's company and you are not employed by them, they have no legal right to request the check. I would point Fragoman to the website https://www.gov.uk/disclosure-barrin...check/overview and highlight "Only employers and licensing bodies can request a DBS check. Job applicants can’t do a criminal records check on themselves". If you really wanted to, you should also state that "wife applying for an L1 to USA" doesn't fit within the eligibility criteria - https://www.gov.uk/government/public...tions-guidance

A possible solution maybe to sign an affidavit, stating that you were arrested, but released with no charge and due to the time past since those arrests any records, if there were any would have been destroyed.

At the end of the day you have been honest, and the official paperwork which would prove or disprove your honesty states that you are no trace, so therefore on paper you are not a pot smoking criminal mastermind which would raise a load of red flags.

Shirtback

This is not really surprising. The lawyers have been hired by the company & work *for* the company.

In addition, and this is not a personal comment about you, the company & the lawyers are only really concerned with/about the person they hired. You, unfortunately, are merely an "addendum", in a manner of speaking.

boltonreddave

I am really confused now!

We have received an email from a Senior Paralegal at Fragomen's London office which I have included below. According to this I will need to attend a separate VCU appointment, probably in Belfast. It also says my appointment should be after my wife's.

"We would be pleased to learn your availability to attend a visa interview at the US Embassy in London. We would be grateful to obtain which dates you are not available as well, so as to avoid scheduling an interview when you are otherwise engaged. We would recommend that we schedule in your daughter for the same visa interview date as you, even though she is not required to physically attend the interview as she is a child under the age of 14. Her documentation, however, can be presented at the time of your visa interview for consideration and processing.

Please note that your spouse will need a special VCU (Visa Coordination Unit) appointment in order to meet with an officer who can review and assess his prior incidents. These appointments are very limited and currently there are none available in London through the month of December. There are some VCU appointments available in Belfast. I've attached a screen shot of the calendar below for your reference. Please note this calendar is live so these appointments may not be available at the time you instruct us to secure one.

Please note your spouse should attend his appointment after your scheduled visa appointment."


From what I can tell from the US Embassy website is that if the L1/L2 visa interview is in London, then we should both attend and I take a copy of my Police Certificate and a completed VCU form. IF the L1/L2 is in Belfast, then there are specific rules that apply.

Am I therefore having a stand alone interview in Belfast after my wife has been to London? Is this a pre London interview just for me?

All very odd as I have a NO TRACE Police Certificate and a Subject Access letter from the constabulary concerned stating that there is no record. I will be speaking to Fragomen on Monday, but am starting to think I should be ticking NO on the DS-160 as there is no record of any arrest or conviction ever and I could be screwing myself over if I am simply recalling events from 18 years ago as what i THOUGHT happened.

ian-mstm

In their convoluted way, it seems Fragoman is suggesting that if you want things to process faster, you attend your interview in Belfast and she attends her interview in London. You aren't required to do that however. If you choose to interview in Belfast, because of appointment schedules, she can also go to Belfast. She isn't obligated to interview in London.

By the same token, if she interviews in London... so can you!


This last bit is here because you can't get a derivative visa until the principal visa has been approved. They're suggesting for that reason, that you attend after your wife. However, if you both attend the same interview, her visa will be approved first and then they'll take a look at yours.

I'll tell you what's really confusing - usually it's the Consulate that picks the interview date... not the applicant.

Ian

boltonreddave

Hi all, quick update.

My wife and daughter have an interview date of 9th December in London and I have an interview in Belfast on 17th December. As I have "may have" been arrested I must have a VCU interview. The wait for these is much shorter in Belfast hence why I will travel there.

Fragomen in London believe there will be no issue of visa issue and advised just to be as honest as possible so as. It to jeopardise any future green card or citizenship application.

I will keep you posted.

boltonreddave

Update: I have just attended my Interview in Belfast and the visa has been approved. The arrests were not even mentioned in my one minute interview. I was asked 3 questions.
1. What does your wife do
2. How long have you been married
3. Do you just have one daughter.

That was it, all very pleasant and efficient. Just have the rest of the day in Belfast now. Thanks to all who provided advice and comments and I will update you all on our move as we go along.