crg

Generally, a conviction for immigration purposes is a finding of guilt and a penalty. Even just court costs have been found to be a penalty. Not sure how they're expanding on the interpretation (if they are) or whether it will be court tested.

Admitting to the essential elements usually needs to be done a specific way and documented as such. It's a lot more involved than scribbling a signature on a document in front of a police officer before having a chance to sober up.

If they go that route, presumably someone currently in the US and applying for adjustment of status could run afoul of this change and become removable.

BritInParis

Accepting a police caution is an admission of guilt. The upside for the criminal is that they get to go home and face no further action. The downside is that they have now have a criminal record which they wouldn't have if they took it to court and were found not guilty.

JAJ

All understood. One has to wonder a. how many people think they were receiving an informal warning when in fact they accepted a formal caution, and b. how many people have accepted cautions when there is no realistic chance that there would have been a successful prosecution.

What proportion of the British population have one of these? Anecdotally, isn't it fairly high (one in three, or one in four?)

BritInParis

Very true. A) I guess that the difference is presumable you have to sign something saying you have accepted a caution and waived your right to go to court as opposed to getting a verbal "slap on the wrist".

As for B) I suspect the number is pretty high although the UK will 'step down' a caution after a period of time (or it used to) so it no longer appears on your criminal record (hence the "No Live Trace" on ACPO certificates).

A quick Google didn't reveal a number but pretty high I should imagine if this anything to go by.

http://www.bbc.co.uk/news/uk-22016225

No idea how many were given to repeat offenders though.

n1cholas90

I'm interested to hear the outcome for those who have received letters asking to return to the embassy with their passports. As this doesn't neccassarily follow the speculation of requiring waivers. As you wouldn't need to return to the embassy with your passport if that were the case? Or perhaps this is just for those cautioned for crimes not involving moral turpitude/ drug offenses?

lansbury

If there is insufficient evidence to be able to meet the CPS standards for a prosecution a caution should not be given and no further action taken. Of course as always practice and theory are two different things.

aswales

My APCO says "No live trace" but they are still stopping me due to a caution 13 years ago.

civilservant

Of course - the way police have been using cautions (including for indecent assault!) they want to look at their policy.

BritInParis

That's because 'they' are the US authorities who don't recognise the Rehabiliation of Offenders Act 1974.

crg

Depending on the offense and how long it has been, it's possible that a waiver can be granted without waiting for DHS to approve so it's possible that a waiver will be issued as soon as the passport is submitted.

JAJ

The British government doesn't really recognize it either. Which is why traces of convictions and cautions are never removed from the records.

hopeful8288

Quick question for those of you who were put on administrative processing for receiving a caution: approximately how long after the interview did your case number appear on the admin processing list?

It's been 8 days since my boyfriend's visa appointment and his number is still not the list so just trying to get an idea of the general time frame it took others.

Also, when the officer gave you the notice of admin processing, was your reason based on section 221(g) as well?

aswales

http://www.usvisalawyers.co.uk/whatsnew.htm

aswales

I sent another email yesterday to see if I could get a batch number as I wasn't given any correspondence when I had my interview and this is what they came back with.

"Your application is under review by a consular officer. As your case is not subject to administrative processing, but is under review, you will not be able to track the progress of your application online. Please be assured that you will be contacted as soon as the review of your case is completed. The Embassy cannot guarantee that a visa will be issued to any applicant by a specific date."

hopeful8288

Wow, that is SO frustrating! I really hope they respond with ANYTHING at this point as the lack of timeline is so miserable.

Curious to know if anyone has had any updates on their own situations? I remember Deskartes mentioned that her husband was to have a visa interview this month and they asked him to bring his passport...any news on that? Would just love to know anything at this point..