Felchman

Hi. I'd appreciate some assistance from those who know.

My current employers are an American company who may be requesting that I be sent out to the States for work in the near future - but not for residence.

Trouble is, in my youth I foolishly picked up a single UK police caution for shoplifting when I was 18 and reckless (yes, I'm ashamed of it).
I didn't have to go to Court, and therefore didn't receive a sentence.
It's now 15 years since I received it, and I learnt my lesson and haven't been in trouble since.

My questions are:

1. Will this prevent me entry to the US?
2. Do I have to declare it as Moral Turpitude on the Visa?
3. If so, what, where and how do I go about declaring it?
4. Would I have any delays at immigration because of this? (shame from my colleagues I can do without)

Yours panicking
Felchman

crg

Was it a single shoplifting offense?

"1. Will this prevent me entry to the US?"
I highly doubt it. There is a single petty crime involving moral turpitude exception to the law. Shoplifting is a CIMT. It's not enough to keep you out, but you'd have to answer "yes" on the I-94W form to question "B".

"2. Do I have to declare it as Moral Turpitude on the Visa?"
Yes, you have to on a visa application or the I-94W visa waiver form.

"3. If so, what, where and how do I go about declaring it?"
You *could* bring a copy of the court records along with relevant sections of the UK criminal code indicating the maximum sentence possible under the law, check the box "yes" and show the evidence at the port of entry. You shouldn't be denied entry. However, the consulate advises anyone with any arrest to seek a visa prior to travelling to the US just to be safe.

"4. Would I have any delays at immigration because of this? (shame from my colleagues I can do without)"
Yes, it would cause at least a small delay at the border, or a delay at the consulate. I doubt they'd allow your coworkers to go to secondary inspection with you.

mikehope

This excerpt is taken from the Rehabilitation of offenders act 1974
http://www.lawontheweb.co.uk/rehabact.htm
Under the heading Cautions

"Cautions, reprimands and final warnings are not criminal convictions and so are not dealt with by the Act. So if people with cautions, reprimands or final warnings only are asked whether they have any 'criminal convictions' they can answer 'no'. Sometimes people are asked if they have a 'criminal record'. This is a less precise term, but it is usually understood to mean convictions. So people who are asked if they have a 'criminal record' may also answer 'no' if they have no convictions".

So you should have no problems, it will not show on your PNC check as it is not a conviction.

crg

What doesn't count as a conviction under UK law, may count as a conviction under US immigration law.

For example, a conditional discharge under Canadian law counts as a conviction under US immigration law. Unless it's a "not guilty" or "absolute discharge" it could make someone inadmissible.

Besides, the form asks about arrests as well as convictions.

"So people who are asked if they have a 'criminal record' may also answer 'no' if they have no convictions"."

People have been excluded from the US for life for committing fraud when they follow this advice. They can answer "no" to UK authorities, but the US doesn't follow UK laws. It's the same thing with pardons. The US doesn't recognize any foreign pardons.

mikehope

Try these links
http://www.usembassy.org.uk/cons_web/faqs/iv/faq_pc.htm
http://www.usembassy.org.uk/cons_web.../add_crime.htm

You will see that the us embassy site states that if you were arrested then you need to declare it, If you were not arrested by the police but given a verbal caution at the place of the "deed" you do not need to declare.

crg

Are there written cautions as well, or just verbal cautions in the UK?

mikehope

Yes they are refered to as "formal caution" which is written and must be given by a senior officer (seargent or above)
and "informal caution" which is verbal and usually given by the police constable that attends the call from the place the incident happened.

pedro66

I am not a Lawyer but my personal knoledge/experiences are as follows

Official cautions in the UK are all recorded and if you are arrested again they can be used against you. Normally 5 Years Upto 20 Years if further offences but they can exist forever and not show on normal enquiries only on enhanced disclosures for sensitive jobs.

http://www.together.gov.uk/article.asp?aid=1714

http://www.cipd.co.uk/subjects/dvseq...tm?IsSrchRes=1

Cautions are issued AFTER a subject is ARRESTED and taken to the Police Station. Or when called into the Station sometime after the offence.

The police would normally decide that a caution is required (Usually if you have no previous or they think they wont secure a conviction in court so they usually get a worried subject to agree to this to get home quicker) and it is given and recorded by a senior officer (Normally The Duty Inspector)

If you are questioned at the sceen of an alledged offence and given a verbal telling off and sent on your way with no further action this is not an offical caution and not on your record.

In short if you went to the Police Station and were cautioned then you MUST declare it no question, even if after this time it will possibly not show on your record.

As I remeber the question is HAVE YOU EVER BEEN ARRESTED Or CONVICTED

The US does not recognise the Rehabilitation Of Offenders Act in any way shape or form.

Maybe you should act quickly and get a Visa from the Embassy then you should avoid delays and unpleasantness at the POE.

I had far worse offences on my record from when I was young, I disclosed them in full and still received LPR status.

Are you certain of your age at the time were you 17 or 18 because if under 18 unless it is not violent or you were not treated as an adult you are 100% OK but still must declare

Remember Honesty Pays With The USCIS

crg

Either way, a single petty offense, handled summarily, would not make him inadmissible, require a waiver, or prevent him from using the visa waiver program. The risk is that the burden of proof is on the alien to show what the criminal history is.