Travelled to US under VWP but have UK police caution
#1
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Travelled to US under VWP but have UK police caution
Hi
I was wondering if someone could provide some advice.
I applied for an ESTA in June 2013 and have travelled to the states a few times since then, however I have a police caution for common assault. At the time of application I assumed that what I was cautioned for was not a CIMT, selected No and got the ESTA.
Only now have I seen the video by the UK US embassy and numerous forums posts about having to apply for a visa, I realise that I should of ticked no and applied for a visa. I had no intention of travelling to the states fraudulently.
I am not sure what I should do next, should I seek legal help or apply for a visa and explain my circumstances or something else?
Any help is much appreciated
Thanks
I was wondering if someone could provide some advice.
I applied for an ESTA in June 2013 and have travelled to the states a few times since then, however I have a police caution for common assault. At the time of application I assumed that what I was cautioned for was not a CIMT, selected No and got the ESTA.
Only now have I seen the video by the UK US embassy and numerous forums posts about having to apply for a visa, I realise that I should of ticked no and applied for a visa. I had no intention of travelling to the states fraudulently.
I am not sure what I should do next, should I seek legal help or apply for a visa and explain my circumstances or something else?
Any help is much appreciated
Thanks
#2
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Re: Travelled to US under VWP but have UK police caution
Your offence doesn't sound like CIMT to me, so what specifically makes you think that it is?
#3
Re: Travelled to US under VWP but have UK police caution
From what I've heard, the questions on ESTA have recently changed. So go look at the new ESTA form and see how you would answer the new questions. I don't think they mention CIMT anymore.
Rene
Rene
#4
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Re: Travelled to US under VWP but have UK police caution
They still do mention CIMT. Not in the question itself, but in the accompanying explanatory notes.
#5
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Re: Travelled to US under VWP but have UK police caution
thank you for the replies.
I'm concerned because from what the informational video from the embassy implies - I should of applied for a visa regardless if it was a CIMT or not, it's a police caution
I'm concerned because from what the informational video from the embassy implies - I should of applied for a visa regardless if it was a CIMT or not, it's a police caution
#6
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Re: Travelled to US under VWP but have UK police caution
The embassy advice is wrong and misleading. This is well known on here and you shouldn't be relying on it.
#7
Re: Travelled to US under VWP but have UK police caution
Rene
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Re: Travelled to US under VWP but have UK police caution
If you want a legal opinion on this then you should consult an experienced immigration attorney.
If you want my opinion, then, based on the information that you have given, I think that you should stop worrying and just forget about it.
#10
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Re: Travelled to US under VWP but have UK police caution
Unless the common assault was racially or religiously aggravated. In this case it is not but if it was that would be CIMT wouldn't it?
Last edited by johnnybrown532; Mar 8th 2015 at 11:46 pm.
#12
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Re: Travelled to US under VWP but have UK police caution
#13
Re: Travelled to US under VWP but have UK police caution
So it would be "racially aggravated common assault" which is different from "common assault", but Ian has already pointed that out.
#14
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Re: Travelled to US under VWP but have UK police caution
Thanks for the responses.
Do you think this would cause any issues if I was to apply for a work visa?
Potentially I may have the opportunity to relocate to the states and work for my company's US offices.
Do you think this would cause any issues if I was to apply for a work visa?
Potentially I may have the opportunity to relocate to the states and work for my company's US offices.
#15
Re: Travelled to US under VWP but have UK police caution
BTW Your employer will be applying for a work visa for you, you cannot apply for your own.