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Simple caution and Visa Waiver Program - help please!

Simple caution and Visa Waiver Program - help please!

Old Jun 23rd 2011, 10:18 pm
  #16  
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Default Re: Simple caution and Visa Waiver Program - help please!

Thank you for your useful comments.

If for any reason the UK did in the future share information on cautions with the US, what would be the effect if they found out the relevant question was previously answered as 'no' when it should have been 'yes'? It seems disproportionate if they barred somebody for life from entering the US as has been suggested by some in the forum. What if ignorance was claimed in relation to what a CIMT is?

And in the case of applying for a visa, would it really be valid for 10 years? If that is the case, I would feel quite relieved, but my understanding was it only lasted for 6 months...

Thanks
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Old Jun 23rd 2011, 10:27 pm
  #17  
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Default Re: Simple caution and Visa Waiver Program - help please!

Originally Posted by need2know
If for any reason the UK did in the future share information on cautions with the US, what would be the effect if they found out the relevant question was previously answered as 'no' when it should have been 'yes'?
No way of knowing ahead of time, and each case would be looked at on an individual basis, I'm sure.

It seems disproportionate if they barred somebody for life from entering the US as has been suggested by some in the forum. What if ignorance was claimed in relation to what a CIMT is?
Unfortunately, ignorance of the law is not an acceptable excuse when it comes to USCIS. You are supposed to do research ahead of time and know whether your crime was CIMT or not.

And in the case of applying for a visa, would it really be valid for 10 years? If that is the case, I would feel quite relieved, but my understanding was it only lasted for 6 months...
A 10-year visa is pretty typical, but the ConOff can make it for any length of time they see fit. Could be 6 months, could be 10 years.

Perhaps you are thinking of each individual entry into the USA being 6 months long. 6 months allowed stay in the USA is typical on a B-2, but again the POE officer can make it for any length of time he sees fit. Could be 1 day, could be 6 months...could be refused entry altogether.

A visa gets you to the POE. It's up to the POE officer to let you in or not.

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Old Jun 24th 2011, 8:56 am
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Default Re: Simple caution and Visa Waiver Program - help please!

Originally Posted by need2know
I have obtained some additional relevant information that I thought I would share here (both for information and to obtain additional comments).

Information released by the Home Office following a Freedom of Information Act request in 2009 indicated that:

"The United States authorities do not have routine access to criminal record information held on the Police National Computer nor is the Police Certificate Process routine access to the PNC by the American Authorities...
The United States authorities are able to seek details of any criminal convictions held on the Police National Computer on an individual request basis through Interpol channels."

Source: http://www.whatdotheyknow.com/reques...reply.doc.html

That would imply, as I understand it, that the US authorities do not have access to information on UK cautions (even on an individual request basis as cautions are not criminal convictions).

I would be grateful for others' views on this.

Also, this may have of course have changed since 2009 so if anybody has more up-to-date information, it would be great if you you could share it.

Thanks!
So I suppose the home office has indirectly helped people to commit immigration fraud through the release of this information. How interesting.....
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Old Jun 26th 2011, 4:53 pm
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Default Re: Simple caution and Visa Waiver Program - help please!

Originally Posted by Pookiedookie
So I suppose the home office has indirectly helped people to commit immigration fraud through the release of this information. How interesting.....
User Pookiedookie has been banned as a serial troll. His posts should be taken with a giant grain of salt or disregarded altogether.
Sorry 'bout that.
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Old Jun 26th 2011, 6:20 pm
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Default Re: Simple caution and Visa Waiver Program - help please!

Originally Posted by need2know
If for any reason the UK did in the future share information on cautions with the US, what would be the effect if they found out the relevant question was previously answered as 'no' when it should have been 'yes'? It seems disproportionate if they barred somebody for life from entering the US as has been suggested by some in the forum. What if ignorance was claimed in relation to what a CIMT is?
Don't even go there.

It is one thing to have made an honest mistake and given an incorrect answer to a question on one occasion (and, fortunately, since you have never visited the US you haven't even done that yet - at least not in the context of US immigration). You have by now, however, researched this issue in enough detail that you are in danger of entering the territory of "willful misrepresentation of a material piece of information" if you were to attempt to use the VWP to travel to the US.

If you are not eligible to use the Visa Waiver Program (and while it appears to me that this is probably the case, I am not a lawyer and that is just my opinion) then your only option is to apply for a visa.

Since your caution is recent you may not be able to get a visa in the near future so you would be well advised to figure out how to deal with the issue of not being able to travel to the US until you are able to get a visa.

The simplest way to explain this to your employer would be to be honest with them and tell them what happened.

Last edited by md95065; Jun 26th 2011 at 6:22 pm.
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Old Jun 27th 2011, 1:11 am
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Default Re: Simple caution and Visa Waiver Program - help please!

Originally Posted by need2know

And in the case of applying for a visa, would it really be valid for 10 years? If that is the case, I would feel quite relieved, but my understanding was it only lasted for 6 months...
From what I gather, you have to travel frequently for work to a country other than US, and majority of carriers take you there via US ? Correct ? Just apply for a B1 Visa, truthfully list your caution.

Another option would be to apply for B1 from your home country; whereever in the EU it is. I confess to not knowing if B1 application forms are same for each country in the EU.

Holding a Business Visa is not a stigma, getting caught telling a lie is.
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Old Jun 27th 2011, 2:14 pm
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Default Re: Simple caution and Visa Waiver Program - help please!

Originally Posted by need2know
I have obtained some additional relevant information that I thought I would share here (both for information and to obtain additional comments).

Information released by the Home Office following a Freedom of Information Act request in 2009 indicated that:

"The United States authorities do not have routine access to criminal record information held on the Police National Computer nor is the Police Certificate Process routine access to the PNC by the American Authorities...
The United States authorities are able to seek details of any criminal convictions held on the Police National Computer on an individual request basis through Interpol channels."

Source: http://www.whatdotheyknow.com/reques...reply.doc.html

That would imply, as I understand it, that the US authorities do not have access to information on UK cautions (even on an individual request basis as cautions are not criminal convictions).

I would be grateful for others' views on this.

Also, this may have of course have changed since 2009 so if anybody has more up-to-date information, it would be great if you you could share it.

Thanks!
Just a thought in this; and you may have already done so, contact Christopher Stacey LL.B, LL.M who appears to be a Lawyer or similar for some further advice. It seems he has made a number of FOI requests for other issues. I think you can email him through the "what do they know" website
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Old Jun 27th 2011, 3:20 pm
  #23  
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Default Re: Simple caution and Visa Waiver Program - help please!

Originally Posted by uktony
Just a thought in this; and you may have already done so, contact Christopher Stacey LL.B, LL.M who appears to be a Lawyer or similar for some further advice. It seems he has made a number of FOI requests for other issues. I think you can email him through the "what do they know" website
For what? The OP has a CIMT arrest. The only question is whether or not he is going to lie on the ESTA application or not.

The question requires a YES response if the person has a CIMT arrest. End of story.

If the question asked "Do you think you will get caught telling a lie about your CIMT arrest, then the person could consider an honest NO response.
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