Coppock

Hi sorry for gate-crashing your forum. I am going to Florida next year on my honeymoon, but my partner got a caution last year for summet to do with work (gross-misconduct or summet random). I was told by a friend that we will have to go to london to get a "special" visa? Can anyone advise me of what we need to do???

Thanks,
Jen

Manc

He may be ineligible for the visa waiver program and may need to apply for a B-2 visa.


Or summet like dat.....

Coppock

Do you know how can we find out for sure?

Manc

ring the embassy and ask them

Elvira

Summet???

Was this an internal company caution?

Or where the police involved?

We need full details to be able to make sensible suggestions.

Coppock

He got accused of fraud for refunding a game wrong? He got suspended so he quit rather than getting sacked. Then the police came knocking on the door 2 months later because the company wanted "to make an example". Rather than take them to court we thought it would be easier and more painless to accept the caution. Especially as I was 8 months pregnant.

Sounds so silly now!

Manc

The fact is, no-one knows what you should do for definite.

You could chance that it'll be fine and it could well be and he could get in on the visa waiver scheme.

But no-one here is going to tell you for absolute certain that this is the case because we don't know.

As I said, it's probably best to inquire at the embassy and see what they say, it's easier to preplan ahead and make a few days of it down in London than risk getting turned away at the airport

Elvira

He may need a B visa then.

I would get legal advice before applying.

Get a copy of his police record first though, so you (and the lawyer) know exactly what you are dealing with.

greggx101

So am i right in saying your both British citz and you want to go to USA on a homeymoon for a couple of weeks ? If thats the case i dont see why you would need a special visa with or without a caution - you just go on the Visa waiver programme with your passport - im pretty sure the landing card you fill out doesnt ask for details of previous cautions/convictions.

May be wrong but as someone said check with the embassy or summet!

Elvira

The question is whether or not what he was cautioned for was a CIMT.

If it is classified as fraud, it could be an issue.

But without having the full police record it is impossible to say for certain.

Manc

See point B.
granted, we don't know how the embassy will determine their specific situation.

I personally wouldn't take the risk.

Elvira

http://www.immihelp.com/visas/i-94w.html

Coppock

Thanks everyone, I think he was just cautioned for gross-misconduct. But yes we are two brits going on our honeymoon for 2 weeks. Thanks for all your help That last link looks a big help! Although I will make him ring the embassy to double check. Our daughter will be 18 months so don't want to risk being sent straight home, it would be so unfair for her to go on such an unplanned long flight!

Jen

Manc

where are you going? anywhere nice?

Elvira

I'm not sure whether ringing the embassy would be helpful. You may or may not get someone who is knowledgeable. (Plus it'll cost you big time - I think it costs something like a pound a minute...)

At the end of the day it is the officer at the POE who decides on admission - not someone at the embassy.

Also note that the crucial criterion is not the UK caution, but what he would have been convicted of for the same 'crime' in the US.

Having said that, lots of people have used the VWP even though they were not entitled to use it. The problem could arise at some point of the future if he ever wanted to work in the US, for instance. Or if, again at some point in the future, the UK were to grant the US access to UK criminal records.

I still think that a one-time consultation with a UK-based US immigration attorney might be the way to go if you want to play it safe. Just make sure you get that police certificate first so as not to waste (expensive) time in speculation.