earpini

This site has been very helpful so I couldn't resist signing up to comment on this thread;

I visited the Embassy in Oct 13 armed with an approved L1 petition which alone is very difficult to obtain.

I had declared 3 cautions (one for possession of class B) and a conviction for drink driving, all took place 13 years ago and my UK record showed 'no live trace'.

After a 4 hour wait in the Embassy (my partner waited 10 minutes), they told me 'the US is reviewing it's stance on drug cautions, your application is frozen and we'll be in touch'

3 months later, and with 3 expensive lawyers hassling them every week, I haven't heard a peep. My employers are losing patience and there literally seems to be nothing you can do but wait.

To be clear, they were not interested in a CONVICTION for drink driving, only the caution for possession.

I will update if/when I hear back.

My lawyers are convinced this is just a waiting game. I read an article that Liam Gallagher and Kate Moss both had to take drugs test recently for the same reason, so although stating the obvious, don't even think of dabbling with illegal substances in the meantime!

n1cholas90

Thanks for the input! Sorry to hear you've already been waiting for so long.

Please do keep us posted.

JAJ

Sending more cases to court would not necessarily be a bad thing. Since there is a policy, both in the U.K. and elsewhere, of treating cautions as de-facto criminal convictions, the serious and life changing consequences of administering a caution would be better handed by the court system. Not by the police.

civilservant

Hardly.

Been working for the company for a year in the last three? Yes. Working in a position with managerial or specialist knowledge? Yes. Here's your L1.

earpini

Perhaps the seniority of the role I'm trying to transfer to caused the difficulty. If your L1 process went as you described, I expect you were applying for a role managing a hot dog stand or similar.

hungryhorace

That's really not accurate and you know it. My L1 petition was well over 50 pages of evidence. It ensured we never received an RFE (my attorney commented USCIS is giving a lot of RFEs for L1's currently) and was approved within a week.

civilservant

You're right, I was being hyperbolic. I don't however think 'very difficult to obtain' is any more accurate.

hungryhorace

I agree with that.

RICH

Let's just say it is difficult to get a job where a visa is easy. L1 or otherwise.

crg

130,000+ L visas have been issued each year for the last 5 years. That's like 3 times as many as E. 50 page packets in triplicate keep attorneys gainfully employed and are often overkill. An Olympic medal is difficult to get, an L is not.

n1cholas90

did anybody have any joy with the Embassy Webchat today?

pmckeown2

A. 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.


All that was said on the matter

hungryhorace

The Embassy still comes out with this wrong line every single time I note:

"Anyone that has ever been arrested, convicted or cautioned should apply for a visa if they wish to visit the United States."

I understand why they write that, I just wish it wasn't so wildly inaccurate.

n1cholas90

It may just be me being picky but "Criminal Caution" is not the correct terminology either, it is Simple Caution, formerly Police Caution

Deskartes

My husband and I attended an interview at the embassy on 19 December for a spousal visa - we've been married over 5 years and declared a caution for possession of cannabis in 2001 when he was 18 which was supported by acpo police certificate showing no live trace and the subject access request as indicated.

My husbands application was put in AP and we were told the same thing as indicated below by the consular officer - that homeland security is reviewing the policy towards treatment of cautions and there is no recourse/waiver/alternate process until the review process has finalised and a decision has been made. It's so upsetting to go from planning our new life to this limbo. Hopefully some good news soon.