Cotterill01

I have a strange L1A/L2 visa situation.

My husband is applying for an L1A, which has been approved and we are now due at the consulate. I, however, received a caution when I was a teenager for consensual adult sex in a public bathroom. A stupid mistake in the heat of the moment. Since this is under the sexual offences act, it will never be spent, and I have No Live Trace on my record.

M questions are:

1. The question in the DS-160 only asks about declaring 'arrests or convictions for offenses or crimes'. Does this include cautions?

2. What would happen if I do not declare it in the DS-160? Would I be able to apply for a waiver afterwards? Or can a waiver only be applied for if one declares the crime?

3. Does declaring a caution automatically require the consulate to reject the application?

4. I know that the visa waiver can take 6 months. Do you know if my husband could have his L1A approved, and my L2 would be approved later? This would mean my husband could be approved, and begin work, and I would follow.

I know I should speak with our company immigration lawyers about this, but I'm concerned about causing him embarrassment at work.

Thanks

scrubbedexpat099

There is no spent when it come to Immigration.

Includes Cautions.

Misrepresentation is a life time bar

Depends on the nature of the Caution, some are an issue some are not.

You need his L1 to get a L2, no requirement for you to even apply never mind have one issued.

civilservant

1. Yes

2. Lifetime bar if caught. Don't do this.

3. Totally depends on the nature of the offence, what you were cautioned for, how long ago, etc.

4. This is the only way L2s work. You can't get it before his L1, only at the same time or later.

I don't get the statement about 'causing embarrassment'.. what happens if you are denied? He lives in the US without you?? It makes more sense to be up front and ask their opinion, although since they are company lawyers, they probably won't care if you get approved or not.

Rete

I understand about causing embarrassment for him at work. Neither you nor he want it known to his superiors, through the paperwork, that you have a criminal past. You'd be surprised at just how high a percentage of posters have something in their pasts that they didn't want known to outsiders. Just bite the bullet and answer truthfully, get the police record of the caution telling what it was for and your police clearance certificate. More embarrassing, if you don't disclose it and were denied and denied a waiver or a tourist visa.

civilservant

Quite how are the superiors going to know? This information would be given to the company attorney in confidence, not to the superior. I am hardly suggesting they put it in a memo and send it around the office.

Rete

And you naively believe that paperwork is not shared with HR? Tsk, tsk. I have worked for attorneys for decades. The OP is not the client. The client is the company.