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

Re: US Immigration UK Cautions
 

It is clear that you do not know what you are doing.

Why don't you do yourself a favour and (a) read the link to the previous Cannabis Caution thread that I posted, and (b) consult an experienced US immigration attorney (via the link I gave you in my first post).

Anything else will just end in tears...

Re: US Immigration UK Cautions
 

Eric

Are you going to go to the US Consulate to see about an immigration visa? If so, there are only one way for your parents to sponsor you and that is through an I-130 visa.

If your parents apply for you without becoming US Citizens, you would fall into the Preference Category - Second Family Based Preference B which is for unmarried sons or daugthers of any age of permanent residents.

These preference categories are limited available visas which means you have to wait aboard until your number becomes current which can be many years.

If your parents were US Citizens it would first family based preference for adult unmarried sons or daugthers (age 21 or older) of US Citizens. Unfortunately any son or daugther over the age of 21 does not qualify for an immediate relative visa and you will still have to wait years for your number to become current.

Third family based preference is for married children of US Citizens

Re: US Immigration UK Cautions
 

It is all very convoluted and complicated and I know all these posts must be very very confusing for you.

Read the link Elvira gave you and worry first about your use of the VWP and if you can't use that for your visit in May, then your application for a formal B-2.

Re: US Immigration UK Cautions
 

True, however I think you grossly misunderstand what's involved from the time it will take to the seriousness of your cautions.

VISA BULLETIN FOR APRIL 2009
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Processing Time: 2B = 01SEP00.

http://travel.state.gov/visa/frvi/bu...etin_4438.html

Even without the drug issue you are still looking at 9+ years for sponsorship to be completed. Even if you're under 21 and not married you are still looking at 5+ year. So no, you won't be moving to the US at the end of the year for multiple reasons.

Re: US Immigration UK Cautions
 

Elvira, I had a good read through the other thread and his case is quite a bit different. He got his caution at the age of 17 and it was a fair few years since that arrest. Mine was just over 2 months ago at the age of 28. You are right, I dont know what I'm doing. I'm not sure trying to patronise someone over the internet who is trying to resolve an issue is very smart, but if it makes you feel good go for it. Why would I be asking these questions and reading up on it if I knew what I was talking about?

From what I understand "spanishfly" knew he wouldnt be able to use the VWP because of his arrest and caution so go the relevant Police Caution details, filled in VCU1 form and sent these to the embassy and booked a meet with someone at the US Embassy in Ireland. I expect this is what I will need to do as well.

To be honest, the emmigrating there for work is something that is in the far distant and probably wont happen from the sounds of things. My main concern at the moment is to apply for a Visa through the Embassy and find out in concrete whether or not I can visit the US for a 2 week holiday. It will be someone at the Embassy that makes the final decision.

Re: US Immigration UK Cautions
 

Well, technically no, iIt will be the officer at your point of entry to the US. Just because you have a visa (or greencard for that matter) it doesn't mean the US is obliged to let you in. They can quite easily deny you entry.

Re: US Immigration UK Cautions
 

Thats fair enough, but I will get the Visa at the embassy.

Re: US Immigration UK Cautions
 

Be sure to let us know how it goes. There has been a lot of different information about the impact of UK cautions. Also, even without the caution, recent cocaine use by itself may present a problem.

Re: US Immigration UK Cautions
 

I agree the cocaine thing was bad, but the worst bit about that is it wasn't even mine. I hate the stuff, and it was left in my house after a new years eve party. I didnt even know it was in the house. Sods law!

I would have thought the manufacturing of marijuana would be looked at worse to be honest. I will keep you upto date and let you know what happens. I am not expecting good news, but i'll keep my fingers crossed.

Re: US Immigration UK Cautions
 

Hi:

A FAQ.

What can a lawyer do -- a waiver allowing you to visit. Hard to get.

On the immigration end of things -- there is no way for you to do that based upon your first post.

I know that you don't have a "criminal record" from the UK end of things -- but we are talking about UNITED STATES law here when it comes to immigration. This is a small, but lethal detail in respect to your case. And as Rete mentions, the US law is extremely harsh when it comes to drugs and immigration. If you had been convicted of some other crime, say murder, perhaps I could do things for you on the immigration end. However,you have admitted to not one, but TWO drug offenses.

However, from the US end of things -- you have a formal admission of a drug offense and the UK caution procedure fits the requirements for such an admission. There IS a waiver for simple possession of less than 30 g of MJ. However, your caution is an admission to "cultivation" and not simple possession. No waiver. Furthermore, there is no similar waiver for coke.

In writing posts like this, I remember a statement from a colleague of mine who, like most lawyers tends to personalize their cases -- "I have to remember that it was my client and not me who --

sold cocaine --

to an undercover cop --

across the street from a school."

Re: US Immigration UK Cautions
 

If you lie to US immigration and you get caught, you face a lifetime ban from the US. It's that simple. Further, it is never a good idea to broadcast your intent to willfully commit immigration fraud on a public Internet forum which is widely rumored to have USCIS onlookers!


I understand your concern. We often don't fully understand the ramifications of our actions until long after the fact.

Ian

Re: US Immigration UK Cautions
 

Ian - If you read my posts you can see that I am going to be honest. I'm not really sure why i'm being given attitude to be honest. Some of you have been massively helpful and I appreciate that, but some of the snipey comments are un-called for. I will go about this the honest and legal way. I ahve no intetion of keeping anything from US Immigraton process and will do exactly what "spanish" did and sent the relevant information in and arrange a meeting.

Re: US Immigration UK Cautions
 

Two, two-month-old drug crimes and a visa application? You've got to be kidding! Unless a family member's on their deathbed or something.

Also, your future immigrant visa is probably permanently closed save a change in the law.

Re: US Immigration UK Cautions
 

What confuses me is how famous people can waltz into America as and when it pleases them when they have loads of convictions for drug abuse and use but I am unlikely to get into the country for a minor drug offence. I know they are famous and have all the legal backing etc, but it seems a bit odd that I am highly un-likely to get in but others with massive lists of convictions are ok.

Re: US Immigration UK Cautions
 

Glassy, the 'reason why' is because for most of the respondents here, it's not their first time at the rodeo.
These sorts of topics have a predictable story arc, so if you are judged unfairly, it's due to others' behavior in the past.
Stick with it here so that you can find out what to expect in your visa application, and so that you have realistic expectations about possible immigration (or impossible as the case may be).

Re: US Immigration UK Cautions
 

They can't.

Amy Winehouse and Lily Allen - go have a look.

Re: US Immigration UK Cautions
 

Many famous people have waivers. Some waivers you can only get if you're a visitor but not if you're applying to be a resident.

http://www.boston.com/ae/celebrity/a...s_visa_denied/

It's nice to see an honest person. As I said before, the impact of a UK caution is in dispute. Be sure to let us know how the visa interview goes.

Re: US Immigration UK Cautions
 

+1 for the use of story arc.

Re: US Immigration UK Cautions
 

I wanna go to film school. :)

Re: US Immigration UK Cautions
 

The famous drug convictors, people like Amy Winehouse, George Michael, etc all had to go through the same process you will do. Amy Winehouse got her application refused first go and missed the grammy's. Its a process but not impossible.

Re: US Immigration UK Cautions
 

Lily Allen got hers refused because at the time she was under investigation for walloping a photographer.

Re: US Immigration UK Cautions
 

A caution for Actual Bodily Harm. Got stopped in LA, spent 5 hours detained then sent back to UK.

Re: US Immigration UK Cautions
 

You ..they all have expensive lawyers ...
but who are you thinking about

Re: US Immigration UK Cautions
 

Quite a long day I imagine, in a city which shares her initials.

Anyway - point being that it CAN bite even those with some money and fame.

Re: US Immigration UK Cautions
 

Martha Stewart never got into the UK