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US Government reviewing policy to UK Cautions

US Government reviewing policy to UK Cautions

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Old Feb 20th 2014, 7:00 pm
  #46  
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Default Re: US Government reviewing policy to UK Cautions

I had a 1 year multiple entry visa in 2011 when I went to New York on my honeymoon, I booked my holiday this time stupidly under the presumption that as I had had a visa before it would be a fairly straightforward process. I accept it is my own fault for presuming that really. I thought it would be the same process as before I wasn't aware of any reviews into police cautions. I just wondered if anyone else had heard anything on their applications? There is a webchat next weds with the Embassy Feb 26th if anyone is interested.
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Old Feb 20th 2014, 7:34 pm
  #47  
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Default Re: US Government reviewing policy to UK Cautions

Indeed. Hence, governments reaction to this. The police were misusing the caution.
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Old Feb 26th 2014, 4:14 pm
  #48  
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Default Re: US Government reviewing policy to UK Cautions

Has anyone heard any recent updates on this situation? My boyfriend is in a similar situation with the L-1 visa and his application was put on hold until further notice. He was given a caution 8 years ago for less than a gram of marijuana and inquired with the immigration attorney through work on the matter who stated that it should not be an issue (obviously it is).

Also, does anyone know about traveling while in this process? He had already declared the caution previously and thus has a B-1 visa. I'm currently in the US and we haven't seen each other in months as we thought everything would work out smoothly (since that is what attorney thought). It would be great if he could come to the US for a few weeks but don't want to jeopardize anything, just in case it is an issue.

Any updates or new information would be very helpful! Will also update on any changes in his status. Thanks
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Old Feb 26th 2014, 4:23 pm
  #49  
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Default Re: US Government reviewing policy to UK Cautions

Originally Posted by hopeful8288
Has anyone heard any recent updates on this situation? My boyfriend is in a similar situation with the L-1 visa and his application was put on hold until further notice. He was given a caution 8 years ago for less than a gram of marijuana and inquired with the immigration attorney through work on the matter who stated that it should not be an issue (obviously it is).

Also, does anyone know about traveling while in this process? He had already declared the caution previously and thus has a B-1 visa. I'm currently in the US and we haven't seen each other in months as we thought everything would work out smoothly (since that is what attorney thought). It would be great if he could come to the US for a few weeks but don't want to jeopardize anything, just in case it is an issue.

Any updates or new information would be very helpful! Will also update on any changes in his status. Thanks
What does his attorney suggest when posed the question of travelling on his B-1 visa to the USA whilst his L-1 is on hold?

Personally, if I had a B-1 visa, I would feel comfortable travelling to the US whilst my L-1 visa was in process.
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Old Feb 26th 2014, 4:26 pm
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Default Re: US Government reviewing policy to UK Cautions

It actually just happened this morning so he's still in the process of getting in touch with the immigration lawyer.

Also, just a bit nervous now to even trust what the immigration lawyer says as she was pretty wrong in the first place...
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Old Feb 26th 2014, 7:14 pm
  #51  
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Default Re: US Government reviewing policy to UK Cautions

Originally Posted by hungryhorace
What does his attorney suggest when posed the question of travelling on his B-1 visa to the USA whilst his L-1 is on hold?

Personally, if I had a B-1 visa, I would feel comfortable travelling to the US whilst my L-1 visa was in process.
I guess it depends on the purpose of the trip and whether or not the person has a foreign residence. Resuming work with the B-1 would be unlawful. Also, I'd be uncomfortable seeking entry as a B-1. There is a criminal concern about the L-1 visa application. If the person is determined to be inadmissible and ineligible for the L-1 visa then the B-1 visa isn't sufficient to lawfully seek entry because a criminal waiver would be required.
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Old Feb 26th 2014, 7:32 pm
  #52  
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Default Re: US Government reviewing policy to UK Cautions

The purpose would be personal, just to spend time with me as we already haven't seen each other in months. They told him that it could take as little as a few weeks but up to 6 months for this to be resolved and it would be quite terrible if we couldn't see each other for another 6 months.

He traveled to the US back in November under the B-1 visa with no issues. However, this was prior to applying for the L-1 visa. I just don't want anything to further jeopardize the situation further...
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Old Feb 26th 2014, 7:50 pm
  #53  
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Default Re: US Government reviewing policy to UK Cautions

Originally Posted by hopeful8288
... and it would be quite terrible if we couldn't see each other for another 6 months.
I agree... horrid! Why don't you visit him? Or why don't both of you meet up in a 3rd country (Canada perhaps)?

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Old Feb 26th 2014, 7:55 pm
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Default Re: US Government reviewing policy to UK Cautions

I've just started a new job (this past week) and unfortunately, I have no vacation time to use. The system is based on accruals where you accrue 2 days per month and so it would take me a bit of time to accrue enough days to go spend time with him. Of course if it comes down to it, I will go there in a month or 2 but it would be much better and easier for him to come here as he has 28+ days of vacation saved...
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Old Feb 26th 2014, 8:16 pm
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Default Re: US Government reviewing policy to UK Cautions

Also, was mistaken...the caution was actually 12 years ago, not 8.

What are the chances that he will be completed denied the visa? Has anyone in a similar situation heard any response yet? I know there was a webcast today...did they mention anything?
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Old Feb 26th 2014, 8:20 pm
  #56  
 
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Default Re: US Government reviewing policy to UK Cautions

Originally Posted by hopeful8288
Also, was mistaken...the caution was actually 12 years ago, not 8.

What are the chances that he will be completed denied the visa? Has anyone in a similar situation heard any response yet? I know there was a webcast today...did they mention anything?
The transcript should be up soon.

http://london.usembassy.gov/visa_webchats.html
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Old Feb 26th 2014, 8:26 pm
  #57  
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Default Re: US Government reviewing policy to UK Cautions

Originally Posted by crg
I guess it depends on the purpose of the trip and whether or not the person has a foreign residence. Resuming work with the B-1 would be unlawful. Also, I'd be uncomfortable seeking entry as a B-1. There is a criminal concern about the L-1 visa application. If the person is determined to be inadmissible and ineligible for the L-1 visa then the B-1 visa isn't sufficient to lawfully seek entry because a criminal waiver would be required.
Would the CBP at the BOE know about the change in policy for issuing visas to people with cautions, though?
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Old Feb 26th 2014, 8:46 pm
  #58  
 
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Default Re: US Government reviewing policy to UK Cautions

While we wait for today's transcript, this was from the January 2014 web chat. Can't see the same question being asked today getting a different answer.

Q. Has the US Government clarified their policy regarding criminal cautions in the United Kingdom? I am asking with specific regard to P-1 visa's as well as potential travel as a tourist.
Thanks.

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. This applies to all visa categories.
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Old Feb 26th 2014, 10:16 pm
  #59  
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Default Re: US Government reviewing policy to UK Cautions

Originally Posted by hungryhorace
Would the CBP at the BOE know about the change in policy for issuing visas to people with cautions, though?
They may not know about the policy change considering it's obscure and impacts only UK cautions at this point, but they may know that the L-1 has been denied and be able to find out why.
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Old Feb 27th 2014, 8:52 pm
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Default Re: US Government reviewing policy to UK Cautions

So the attorney has advised him to not travel to the US at this point. He basically advised to be patient and wait it out as there is no other option. He was confident that the visa will be granted- just not sure when.

It seems as though some people have been waiting for the decision on this matter since early Fall? Hopefully that means it will be resolved soon...
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