Joseph10

Hello!

Ok, so I have my U.S immigrant visa interview in 6 days(!). Here is my timeline of events:

17 July- sent I-130
24th Sept- Received case number
30th Sept- Booked medical
5th Oct- Submitted DS260
6th Oct- Medical attended- additional vaccinations required (got them in Manchester as it was cheaper)
8th Oct- Completed gathering all documentation (including UK and Korean police certificates)and submitted evidence of vaccinations
9th Oct- Submitted application of readiness
10th Oct- CEAC status updated to 'ready'
22nd Oct- Received interview date (Nov 13th)


I have had my ACRO certificate ready for weeks, and presented it at the medical on 6th October. It states 'no live trace' due to a silly mishap 13 years when, as a student 'prank' i got a caution as I stole a plastic chair from a takeaway (hilarious ey?). I managed to get a B2 non-immigrant visa 18 months ago despite this, by simply explaining what happened and showing my police certificate. When i was compiling my evidence/documents for my immigrant visa interview i saw this on the embassy website:


"If the police certifiate states "No Trace" or "No Live Trace", please be prepared to discuss your arrests/cautions/convictions with the consular officer on the day of the interview. Persons who have been convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of the fact that he or she may have subsequently benefited from an amnesty, pardon or other act of clemency or the United Kingdom Rehabilitation of Offenders Act. (DOES NOT APPLY TO APPLICANTS CONVICTED IN THE United Kingdom)"

Ok, so I gathered from this that (as no court records exist- it didn't go to court, I just got a caution) my ACRO certificate would suffice... but today I have read amongst my double-checking that actually I may require a Subject Access Report... These take 40 days(!) and my interview is in 6. I have zero chance of getting that. I was told by the people from ACRO that their info pertaining to the events (which i have written down) would be sufficient, but now i am fearful i will be denied my visa as I have no 'official' written evidence as per the nature of my offence. I am a teacher, so have a valid CRB- this caution has long been stepped down.

Please advise as I am very distressed at the prospect of my visa being denied/delayed/hindered by this. I have contacted Lancashire constabulary who say they cannot really help as there is no record of my offence on their files, and ACRO are the only ones who have any info- which i already have, but not in 'official' writing... ACRO say that they are happy to provide the consulate with the info, but i am fearful that won't cut the mustard as they will want it there and then...

Amie06

I am sure others more knowledgeable will be along soon, but my own experience at interview was that i handed over my Police certificate that showed "no trace" and that was it, no questions about it whatsoever

quiltman

"No trace" means exactly that. There is no record of you ever having had a caution or conviction. I think the website is incorrect in saying that if your ACRO cert says "no Trace" OR "No Live Trace" then you have to discuss your "crimes". NO Trace means you have NOTHING recorded against you! It should only refer to "No Live Trace". ACRO does say if your ACRO cert says "No Live Trace" that although the UK considers your offence to be spent, Immigration Authorities may need details and so you should apply for a Subject Access.

It's possible Immigration may just accept your explanation of your "crime',especially as you previously got a B2 by explaining, but they have the right to request copies of the original offence and this can only be done via Subject Access. I believe the reason it takes up to 40 days is because ACRO have to request copies of the original charges from the Police Force that issued it. Plus they double and triple check your identity. I realise you say the Lancashire constabulary say they have no record but as it's on the Police National Computer , then I believe ACRO get Lancashire to confirm that so far as they are aware the record is correct. They have to be careful as errors have occurred in the past. There was a case just a few days ago where a lady applied for police clearance for a job and had a list of offences recorded against her. It was found that the records of another woman with the same name had been entered against HER name in error!

Hopefully you'll not need the subject Access , but if so then I'm afraid you will just have to go get it! ultimately , it's up the Immigration Case Officer.

scrubbedexpat099

Don't you need a Subject Access to show what has been stepped down?

quiltman

normally yes, the Immigration Case Officer will ask for it. I assume he will ask for it if he's not satisfied with your response?

scrubbedexpat099

Without it how would they know what is on your record?

quiltman

Yes, I agree, but OP said he'd already had a B2 visa and verbally declared it then. Now he is applying for permanent status I suppose they will want to check it was not a CMT!
I would say to anyone applying for permanent visas that if your UK police clearance shows "No Live Trace" then just go get the Subject Access. In the overall scheme of things it's a minor cost.

Joseph10

Thanks for all your responses so far. Quiltman, theft actually *IS* a CMT, hence why I required a B2 visa when visiting the states last time, rather than by the Visa Waiver Scheme. They accepted my explanation last time without me needing a SAR so I am hopeful this will be the case this time also. I'm not sure whether it 'officially' triggered the petty offences exemption or they just used common sense... The fact that ACRO (whom i have had at least 5/6 conversations) have at no point explicitly said that I need a SAR also makes me think this is at least going to be at the discretion of the officer on the day. Of course, had ACRO indicated this to me I would have ordered one immediately (I ordered one yesterday btw).

The question I'm asking really is, are there any other things I can present alongside my police certificate to back up my assertions? I have penned a sworn statement detailing the times, location, dates (everything basically!) as given to me by ACRO. Also I have quoted my correspondence with the officer (and her I.D number) from Lancashire Constabulary. Also, as I'm a teacher, I have provided work work CRB check- came back clean, further showing this offence is stepped down. Also, ACRO and the Lancashire Constabulary have said that they are happy to confirm the info I have given the consulate, should they wish to contact them- surely it would unnecessary for the consulate to request a 40 day SAR when a 3 minute phone call to ACRO would get them the same info?

ian-mstm

The decision is always at the discretion of the interviewing officer!


Other than your own statement? Probably not.


True... except that it's not their job to make inquiries on your behalf.

Bottom line - if they want a SAR, you'll be given the opportunity to get it. It will, unfortunately, cause the visa to be delayed. It may be disappointing, but it's not the end of the world. Such is life.

Ian

Joseph10

In terms of proving it was 'stepped down', I have an up-to-date clean CRB from work with no court stamps (which proves i never had to attend court)...

Joseph10

Ian, I agree with you. However the way in which ACRO suggested to me that they would happily 'testify' to the information i provided being correct, suggested to me that this has happened before.... Maybe I'm clutching at straws though....

ian-mstm

I think you are. I also think you're imagining a worst-case scenario without any real indication that you're actually facing a worst-case scenario. You can't predict what the officer will ask for, and you certainly can't get inside his head... so I suggest you relax as best you're able, and take things as they come. In less than a week you'll have your answer.

Ian

materialcontroller

How long did it take to receive your B2 visa and what validity (duration and number of entries allowed) did it have? Did you require a waiver of ineligibility when applying for it?

Is this a DBS check and does it show the offence details or not?

Joseph10

My B2 visa is valid for ten years (multiple entry for up to 6 months at a time) and states 'ESTA reviewed' under the annotation section. I was granted it pretty much instantly at the interview upon explaining my caution and I don't believe a waiver of ineligibility was required.

Yes, the certificate I have for work is an enhanced DBS check. It states 'None recorded' for all categories. Also it has no stamps- If an offence has been stepped down but includes a court appearance, a court stamp would be present- mine is clear, which in effect proves their are no court records of me. Lancashire constabulary and the enhanced DBS show no record of me at all, only with ACRO, who have a grand total of about 6 words to detail my theft caution in 2001.

I really hope I can explain this adequately to the consulate- it is causing me sleepness nights the idea of being knocked back and my wife is very worried too- the prospect of having to wait for the SAR will be horrendous for us both

materialcontroller

OK. Seems as though your minor theft did indeed qualify for one of the exceptions, as you haven't needed a waiver of ineligibility for the B2.

I wouldn't worry unduly about the interview. You will have your passport containing the visa with you anyway, which should allow the consular officer to cross reference and verify the particulars of your previous application, including the offence details.

Plus you can also show the ACPO certificate and your enhanced DBS check as evidence that there's been no other recent offending.

In my opinion, the worst thing that can happen is that they issue you with a request for an SAR. The best case scenario is that this latest application will succeed as quickly and fuss free as the prior B2 did.