chocolatepie

Hi, I was cautioned for shoplifting 37 pounds of goods 2 years ago when I was 20. Dumbest decision of my life. I recently accepted a consultancy job and the job may require travelling to USA. I understand that I will not be able to use the VMP and will have to apply for a B1/2 visa.

Will the caution prevent me from getting the B1/2 visa? The petty offence exception said that the offence cannot have a maximum sentence of over a year. Is the maximum sentence with reference to UK law or US law?

How long is the B1/2 visa application process? What will be the length of validity for the B1/2 visa?

Many thanks.

materialcontroller

Will the caution prevent me from getting the B1/2 visa? Possibly.

The petty offence exception said that the offence cannot have a maximum sentence of over a year. Is the maximum sentence with reference to UK law or US law? UK law.

How long is the B1/2 visa application process? It will take about a month to acquire an ACPO certificate detailing your police record. You will need to get that first. Then it can take a month or more to get an appointment at the US embassy and submit your visa application. If the visa is granted, it usually takes a further couple of weeks to be issued. If you need a waiver or other administrative processing, that could stretch to six months or more.

What will be the length of validity for the B1/2 visa? Usually ten years, but can be issued for shorter periods and with a restricted number of visits - especially if a waiver of ineligibility is needed.

chocolatepie

Okay, so I would require a waiver since the maximum sentence in the UK for theft is 7 years? Should I get an attorney to deal with my waiver?

materialcontroller

If you require a waiver, an attorney isn't necessary in my opinion as there's no further paperwork to be completed. It's up to the consular official at the embassy whether or not you will be recommended for a waiver and you will be notified of that at the time.

civilservant

2 years is pretty recent for the purposes of US immigration, you might run into problems.

chocolatepie

in that case should i wait another year or two before applying?

ian-mstm

You're still young... lots of time to make even dumber decisions!


I think you mean VWP - the visa waiver program... but, yes - you'll need a B1/2 visa.


Perhaps - although, as civilservant mentioned, 2 years is very recent where US immigration is concerned.


However long it takes, start now... right now. If possible, you want a visa in place before you're asked to travel to the US. If your employer doesn't know about your caution, it's sure to come out when you need to go to the US and he wants to know why you can't just use the VWP. Start now.

Ian