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Subject: Re: K-1 Fiancee visa - Police cautions Posted on: Thu, 19 Apr 2007 12:33:06 +0000


> I thought it had to be a conviction in order to be inadmissible. Isn't
> there
> a petty offense clause somewhere in the law? seems unfair to just put
> a
> blanket ban just because someone got a caution... its as if the person
> just
> committed murder or something. So if he waits 5 years then USCIS
> wouldnt be
> able to find out right since this stays on record for only 5 years?
>
> --
> TAI FU
> "conisby" wrote in message
> news:34$442897$4661319$1176913375@britishexpats.com...
> >
> >> Could you explain what a caution is? is it the same as a conviction
> >> or
> >> is it
> >> just a warning of some sort? did you do any jail time for this?
> >>
> >> --
> >> TAI FU
> >
> > A caution is this: the person is offered it at the police station
> > after
> > the arrest, if the person accepts it, they are formally cautioned
> > (warned about their behavior) by a senior policeman, and then
> > released
> > (no court appearance).
> >
> > But by accepting the caution they are admitting to the crime, they
> > are
> > not charged,and it is not a conviction, but the caution is on their
> > record for 5 years.
> >
> > The thing is USCIS does not differentiate between a conviction and a
> > admittance of a crime.
> >
> > --

It doesn't have to be a conviction. If you even ADMIT to multiple drug
offenses you can be ineligible. The petty offense exception does apply
- to one instance only.

--
Posted via http://britishexpats.com