n1cholas90

Hi there,

Forgive me if I should be following this up in my previous thread.

I received a police caution early last year for drug possession, this morning I had a brief consultation with an immigration lawyer who informed me that US government is currently reviewing its policy towards UK Police Cautions.

She said in the past the fact I only have one caution on my record wouldn't pose too much of an issue and I would stand a good chance of getting a visa granted, with a possible medical exam which I would pass as I'm not a drug abuser. However, she said that now the policy is under review there is an increased possibility I may get refused or my application would get put on hold.

I am just wondering whether anybody has applied for a visa (in my case it will be B2) with a caution since this review has been ongoing and whether they had any further information?

Thanks

ian-mstm

If that's what the US government is doing, it's news to me - and probably to a lot of readers!

Ian

RICH

Interesting. I recalled hearing something, and found this, which is about the UK reviewing the use of cautions, last year. I read it as cautions are seen to be given out too easily when more punishment might be appropriate, which, IF the US is on top of the issue, would potentially move the bar higher for immigrant applicants.

http://www.theguardian.com/uk/2013/a...tions-reviewed

crg

I'd take what the lawyer says with a grain of salt unless she can back it up with something in the Federal Register, a DOS cable, or a court decision. The UK caution process is missing elements that are normally required before the offense can be considered to be a conviction or admission to the essential elements and carry immigration consequences. Bullying some kid into signing a caution doesn't cut it. These specific elements have been hashed out in multiple court decisions and could not be easily cast aside based on some change of policy. That's for the criminal grounds of admissibility.

There are also health grounds that can go against drug US users/abusers. They could put hurdles there, but that seems unlikely too. I don't see then sending every pothead to the USPH panel to determine if they've smoked too much weed considering what is happening in Colorado.

n1cholas90

From the November 2013 webchat transcript from the Embassy website:

"5. Currently U.S. Government policy is under review regarding criminal cautions in the United
Kingdom. Applicants having a caution may experience lengthy delays during the application process.
Apply as soon as possible and don't make final travel plans unless you have received a visa. These delays
will affect applicants who may have already received a visa in the past after disclosing the caution. "

ian-mstm

Are all cautions considered "criminal cautions"?

Ian

n1cholas90

I assume by "criminal cautions" they mean "police cautions" - nevertheless, as my caution is for drug possession, I would imagine that it very much comes under any "criminal" bracket there may be.

E3Aussieabroad

Hi

I am in a similar situation to you. I have an E3 Visa with my current employer which I got last year in April 2013. Last month on the 4th of Dec 2013 I applied for a new E3 Visa in London as I received a Job Offer with another firm.

The Visa officer said because I qualify for the E3 Visa and have had one issued before I shouldn't have any issues getting it approved. However because of my Police Caution I got 5 years ago they couldn't issue me with the Visa until the review process was over so he put my application under Administrative Processing. I asked him how long the review process would take and he said only a few more weeks.

It has now been 50 days since my interview and my application is still under Administrative Processing. He said to keep checking my status and once it has been approved all I would need to do is send my passport in to get it processed and I wouldn't need to come back to the Embassy.

Now my new employer are getting frustrated about the delay and have mentioned they are considering pulling the offer as they need someone to work for them now and cannot wait any longer!

n1cholas90 do you have an update on this or anyone else who is in the same position have any updates regarding this?

ian-mstm

While it's often only a few weeks, we have seen AP stretching on for 20-30 weeks... and, in at least one case, 2 years. There's nothing you can do to speed up AP, there's no way to find out the real reason why you're in AP, there's no way to find out where you are in the process, and there's no way to find out how much longer it's going to take. All you can do is sit and wait.


Sorry, but there is absolutely nothing you can do.

Ian

E3Aussieabroad

I also read other peoples cases which took longer than expected but I think in my case the officer said my case is in AP based on the Police Caution Policy Review. I also emailed the embassy with my situation and they said it is because of the Policy Review.

So I suppose until the review is over everyone with Police Cautions will be waiting!

If anyone else has a police caution and has had recently had the interview please let us know what was said in the interview!

Thanks!

ian-mstm

It could be... you'll never know for sure - and they can tell you whatever they want since they aren't required to tell you the truth.


I wouldn't make that assumption. All that you know for sure is that you're in AP... you don't actually know why.

Ian

n1cholas90

I have no further news unfortunately!

The immigration lawyer I spoke with simply recommended I wait until the policy review is complete to schedule an interview so that I would know how to prepare and what to expect in the wake of any potential policy changes Re: cautions.

I guess we all just have to wait until the review is complete! (And hope any changes in policy aren't too drastic!)

E3Aussieabroad

Ok so he recommend you wait for the policy review!

It is really frustrating as I will probably lose my employment offer! I do have other offers of employment but I guess it will go through the same process if I apply for a new E3 Visa!

Let's hope the policy review is completed soon!

I noticed the policy review was discussed in their monthly webchat online with a Visa Consulate back in Nov last year. I just checked on the U.S website and their next Webchat hasn't been scheduled yet but I'll keep checking and when It its confirmed I will post it up for anyone interested to participate to ask questions.

Hopefully we can get some answers!

E3Aussieabroad

Hi n1cholas90

I just checked on the U.S Visa webchat and the next Webchat is scheduled for next Wed the 29th of Jan from 12pm - 1pm.

http://www.usembassy.org.uk/visaservices/

Hopefully we can find out more about the review process!

n1cholas90

Excellent, thanks for the update!

Fingers crossed!