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Re: US Visa with UK Caution Posted on: Fri, 08 Oct 2004 03:29:47 +0000


> 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/dvsequl/exoffenders/crimrec.htm?IsS-
> rchRes=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

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.

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