DavidK

Hi all

When I was 15 I received a caution for a minor crime and I have never re-offended. (fell in with a bad crowd etc)

Now I'm 21 and am studying for a year as an exchange student in an American University, but I'm currently terrified about the application process for this reason. I did however notice a clause in the US immigration act that gives an exception to a CIMT if:

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States

Does this mean I can answer "no" when questioned if I have ever been arrested / cautioned?

I am worried that with a "criminal" background my visa application will be much more expensive and longwinded and possibly even denied Even though it has never affected me up until now.

Any advice is greatly appreciated

Noorah101

If you received a caution, and the question asks if you've ever been cautioned, then your answer is "yes".

Rene

JSL8610

Hi David,

It doesn't mean that you can answer "no", since you have been arrested. It does mean that you should qualify for an exception from the criminal grounds of inadmissibility that would otherwise make you ineligible to travel to the US.

James

DavidK

Thanks, that makes sense

I suppose the hard work to get my visa begins here then!

DavidK

just another question, is there any chance my visa application will be rejected because of this?

I have little knowledge of how visa applications are handled to be honest. it sounds like I'm going to have to jump through hoops just to even set foot in the US though.

ian-mstm

There's always a chance... but, if you put this in proper perspective, it's a very small chance. Don't get too anxious about it.

Ian

JSL8610

There is always a chance of rejection but, based on what you've written, it sounds like you qualify for the exception. How that actually plays out though, I don't know.

DavidK

Anyone have any idea what the rejection rate is for British visa applicants? I'm scared now.

And what do I do if I'm rejected? Can I reapply or is that it for me?

civilservant

You could reapply, but without a change of circumstances what would be the point?

DavidK

jesus :| I am dreading the visa process now. I had no idea my future could rest on something so insignificant.

civilservant

Unfortunatly the mistakes of youth can and do follow you into adulthood. Too few young people realise that.

JSL8610

As has been mentioned, you fall within the exception that you found so you probably won't have any serious long-term issues (just a more stressful time until the visa is sorted).

As an aside, I wouldn't trivialize the crime at the interview. Explain what happened and be remorseful, but don't call it "insignificant".

James

ian-mstm

As I mentioned earlier, you need to put this in proper perspective. Right now, you are totally focussed on the worst-case scenario and so everything you read or research is compounding your fears because you are expecting this to be a deal breaker!

Ian

DavidK

Civilservant, I'm well aware, but I have had various jobs and been accepted to a good university without any issue until now.

Thanks for the advice all, hopefully it'll all go smoothly

Noorah101

Did the various jobs and the good university know about your arrest?

Various jobs and a good university, unfortunately, don't follow the same process as getting a visa to the US.

Rene