Visa quagmire

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Old Jan 27th 2009, 2:59 pm
  #16  
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Default Re: Visa quagmire

Originally Posted by Blurb
I'm in the process of getting a police certificate to present at the interview though as the conviction is now spent I am unsure if the caution will actually appear!
It appears from previous posts that spent cautions may not appear. You can call an ACPO representative on 0845 60 13 999. They are very helpful and will tell you exactly what the certificate shows.

If it doesn't appear you still have to present a "No Trace" ACPO certificate
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Old Jan 27th 2009, 7:38 pm
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Default Re: Visa quagmire

Originally Posted by Blurb
I'm in the process of getting a police certificate to present at the interview though as the conviction is now spent I am unsure if the caution will actually appear!
How do you know that the conviction is now spent?
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Old Feb 25th 2009, 8:01 pm
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Default Re: Visa quagmire

Hi all,

Just to update you of my situation, I received my ACRO certificate which stated No Trace for my record. This confused me as with a spent caution the record should have read No Live Trace. I then proceeded to contact the local police authority who have no record of my arrest at all! I know I was drunk but surely I did not imagine the whole thing!

So technically, without an arrest record, I have never actually been arrested I guess! I can only presume the officers that night put donut consumtion before paperwork! Now if I answer yes to the arrest question on the DS-156 form I am telling the truth or not?
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Old Feb 25th 2009, 8:08 pm
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Default Re: Visa quagmire

so the disorderly part... is also not a CIMT?

(we know a single DUI is not considered a CIMT)
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Old Feb 25th 2009, 8:11 pm
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Default Re: Visa quagmire

Yeah not a CIMT according to all the information I have observed
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Old Feb 25th 2009, 8:52 pm
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Default Re: Visa quagmire

Originally Posted by Blurb
So technically, without an arrest record, I have never actually been arrested I guess! I can only presume the officers that night put donut consumtion before paperwork! Now if I answer yes to the arrest question on the DS-156 form I am telling the truth or not?
lol, that's a twisted piece of logic!

There are a lot of things that may not show up on a police report. That is why the DS-156 question is 'Have you ever..' not 'What shows on your police report?'.

Folinskyinla gave you a clear answer: If you can, get the paperwork for the 1999 arrest and caution. You declare it, they look at it, more likely than not will go "no problem" and move on.
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Old Feb 25th 2009, 9:43 pm
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Default Re: Visa quagmire

Originally Posted by meauxna
lol, that's a twisted piece of logic!

There are a lot of things that may not show up on a police report. That is why the DS-156 question is 'Have you ever..' not 'What shows on your police report?'.

Folinskyinla gave you a clear answer: If you can, get the paperwork for the 1999 arrest and caution. You declare it, they look at it, more likely than not will go "no problem" and move on.
You have clearly misunderstood my post. I am not trying to beat the system and have gone through all the neccesary channels in order to provide documentation of my "caution" to present at the visa interview.

I totally agree that Folinskyinla's post offered prudent advice but as I clearly stated there is no paperwork at all for my 1999 arrest. I will seek advice from the attorneys dealing with my visa as to the best approach regarding the DS-156 but I was merely implying it was a bit of a conumdrum whether to declare an arrest which never technically happened (although it actually did). Again I am not trying to distort any facts.
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Old Feb 25th 2009, 9:49 pm
  #23  
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Default Re: Visa quagmire

Originally Posted by Blurb
I was merely implying it was a bit of a conumdrum whether to declare an arrest which never technically happened (although it actually did). Again I am not trying to distort any facts.
Fact: You were arrested.

"Technically" doesn't count. You must declare it.

Rene
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Old Feb 25th 2009, 9:57 pm
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Default Re: Visa quagmire

Originally Posted by Noorah101
Fact: You were arrested.

"Technically" doesn't count. You must declare it.

Rene
Guess so and if that's is the advice I'm given that is what I go with. However despite being informed I was cautioned in 1999 (that was a fact too apparently) I cannot declare this as is it did not get processed and therefore I was not cautioned.
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Old Feb 25th 2009, 10:02 pm
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Default Re: Visa quagmire

Drunk and Disorderly could be as simple as walking (staggering ) home from the Pub ..
Singing Danny Boy at full volume at 1am in the morning
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Old Feb 25th 2009, 10:12 pm
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Default Re: Visa quagmire

Originally Posted by Blurb
Guess so and if that's is the advice I'm given that is what I go with. However despite being informed I was cautioned in 1999 (that was a fact too apparently) I cannot declare this as is it did not get processed and therefore I was not cautioned.
The US doesn't care.

You can search this forum with the little box on the top right side for caution conviction and see what comes back.
The immigration lawyers deal with this all the time and there are several members who have posted why your conclusion is incorrect.

We're not trying to make it hard for you; rather, trying to help you avoid a problem.
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Old Feb 25th 2009, 10:13 pm
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Default Re: Visa quagmire

No Danny Boy involved but I was certainly staggering! Regret my youthful idiocy now though.

Seriously though, as there is no official record of my arrest at all, can I not simply claim I was escorted to a night in 1 star accommodation by a particularly insistant concierge?
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Old Feb 25th 2009, 10:18 pm
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Default Re: Visa quagmire

Originally Posted by meauxna
The US doesn't care.

You can search this forum with the little box on the top right side for caution conviction and see what comes back.
The immigration lawyers deal with this all the time and there are several members who have posted why your conclusion is incorrect.

We're not trying to make it hard for you; rather, trying to help you avoid a problem.
Thanks for your advice Meauxna though don't worry I'm not trying to play the victim and accept full responsibility for my problem. I still maintain that I cannot declare the caution though despite being told it would happen it actually did not.
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Old Feb 25th 2009, 10:28 pm
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Default Re: Visa quagmire

Originally Posted by Blurb
Thanks for your advice Meauxna though don't worry I'm not trying to play the victim and accept full responsibility for my problem. I still maintain that I cannot declare the caution though despite being told it would happen it actually did not.
I'm not following you. In one post, you say it was a fact that indeed it happened. Now you say actually it did not.

Regardless of what's shown on your record.....did it happen?? In real life?

THAT is that part that counts.

Rene
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Old Feb 25th 2009, 10:29 pm
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Default Re: Visa quagmire

Originally Posted by Blurb
Seriously though, as there is no official record of my arrest at all, can I not simply claim I was escorted to a night in 1 star accommodation by a particularly insistant concierge?
And when asked the name of the fine establishment that hosted you that evening?
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