US Immigration UK Cautions
 

Morning all. My parents live in the US and I go over there once or twice a year to visit them and I'm going over there in May. In Jan I got a few nasty cautions. To cut a long story short I was given cautions for Cultivation of Cannabis (2 Plants) and posession of a controlled substance (0.2 g's of Coke). The police realised this was for personal use, so I was luckily only given cautions.

My question is, how is this going to effect me travling to the US. I remember the forms having something about this, and I expect the best thing to do is to be honest. I know they are pretty tight on these sort of things, so am I likley to be refused entry? My Dad actually wants me to go into business with him, in the US, at the end of the year so this could probably scupper the chance of that happening.

Has anyone got any advice or have had a personal experience of this type?

Re: US Immigration UK Cautions
 

Do a search - this question has been asked multiple times.

Forget about visiting for the time being. You need a lawyer:

http://www.aila.org/content/default.aspx?docid=10180

Re: US Immigration UK Cautions
 

No offence, but what good is a lawyer going to do? Not the greatest answer if i'm honest. You are telling me everyone that has a drug related caution shouldnt bother trying to get into the US and should get a lawyer?

I've just had a search through the internet and a lot of people dont seem to even mention it in their forms. I obviously dont want to do this, because I intend in moving over there by the end of the year.

I wasnt given a criminal record, so I didnt think it would be deemed that serious.

Re: US Immigration UK Cautions
 

Very unlikely

Re: US Immigration UK Cautions
 

Really? That serious then. So the best way of going about this is applying for a visa before I intend on visiting the US? I've not read anything saying people have been rejected entry to the US for crimes like this. It was my first ever caution and arrest as well, so it not as if i've been in trouble all my life.

Re: US Immigration UK Cautions
 

It does not matter that you were brought before a judge and convicted of drug possession and growing drugs for personal use. The fact is that you were arrested and given a caution for a drug offense which is a deal breaker for entering the US and definitely for living in the US. The forms for immigration ask not only about convictions but also about citations.

The US takes drug offenses very very seriously and is not at all on the same par of liency with the UK and other nations worldwide. Right or wrong, that is the way it is.

A consultation with an immigration attorney is very helpful in this situation as he might be able to mitigate some of the damage and also will advise you whether or not you are still able to use the VWP or require a formal tourist visa or possible waiver.

Re: US Immigration UK Cautions
 

Rete - Thank you for the info. Why is it that a number of people have just ticked "no" in this instance and got into the US with no hassle, even if they have drug related offences in the UK? Its almost like they only do the checks when you've ticked "yes" to the question and then do the checks. Moving over there is a whole new ball game, and I would be 100% honest, but it seems that people who don't admit to these offences get into the country without any problems.

I want to be honest, but if its going to mean I wont be able to get into the country to visit my family ever again then being dis-honest seems to be the only way I'll able to get into the US.

I think i'll apply via the VWP online and click "Yes" to the question and see what happens. I imagine they'll either reject me staight away or i'll be asked to pay a visit to the US embassy for a meeting.

Its my own fault for being stupid, but I will feel horrible for my mother if I can't get over there to see her.

Re: US Immigration UK Cautions
 

Did you actually do a search?

http://britishexpats.com/forum/showt...ution+cannabis

Re: US Immigration UK Cautions
 

Think again - your caution will be on your record for ever and may be a problem if you need to work in government, with children, or emigrate to other countries. Quite often the UK police will encourage an offender to accept a caution without outlining the full implications.

Here is some further information about your caution.

http://www.homeoffice.gov.uk/police/powers/cautioning/

Re: US Immigration UK Cautions
 

I'm sure people do this all the time. However, your issue is that now there is ESTA which although it is still the I-94 it is now databased and you and others and myself have no clue what database searches will be made on the applicant. The old way of just ticking a box was easy to get around but who knows if this will be.

One major point is that those people were not intending to immigrate to the US. Giving false information on the I-94 can come back and bite you when you apply for an immigration visa or a work visa, student visa, or whatever formal visa. That false information can be the key to get you banned from the US permanently. It is not a road you want to walk down.


I would feel horrid for your Mum as well.

Re: US Immigration UK Cautions
 

As far as moving to the US later in the year. Have you checked into that at all? It's easier said than done. Even without the cautions, you would need to apply and be approved for an immigrant visa.

Are your parents US citizens? If so, they can possibly sponsor you for a visa. If not, things will be a bit more difficult.

For more information about moving to the US, see this article.

- Eric S.

Re: US Immigration UK Cautions
 

Hi Eric. My parents have green cards and have been there for over 10 years, so I should be able to get sponsored via them. My parents will be looking into this in a few months time, so I really need to get to the embassy for a meeting to see if I can even go there on holiday nevermind work there. I'm going to book it all today.

Re: US Immigration UK Cautions
 

Book what?? The consulate does not operate an information service

Re: US Immigration UK Cautions
 

A meeting with the US embassy in London to apply for a Visa.

Re: US Immigration UK Cautions
 

Have you already filed the forms etc ... I presume you mean for a B-2