Simple Caution and Immigration to USA.

[Rocky169]

Hi. my USA immigration is in process. And i have never commited any crime before. Before getting my police verification certificate from uk police and submiiting my documents to usa embassy i was all clear. But then in march 2010 i got a simple caution from Uk police because of some reasons. I need some professional's help that is it going to effect my USA immigration because i havent mention anything to USA embassy as Caution is not a Coviction. I had my initial interview at USA embassy and submitted my passport with them. I just came to UK as a student. So i m not british. So guys i am very very worried at the moment. I really need some help from you guys.

[dzug2]

If you need professional help, consult an immigration lawyer - we are all amateurs on here.

What was the caution for? 'some reasons' doesn't mean a thing. The answer to that will determine the Embassy's view as to whether it's bye bye immigration or ignorable.

[sumo19]

You have admitted your guilt to a crime here. That is the crucial thing. This is enough for the US not to grant you a visa, depending on what you admitted doing.

In US visa law, crimes are classed into two broad categories:

Crimes involving moral turpitude (CIMT) and crimes that are not to considered to involve moral turpitude.

In Visa law, the crimes that ARE considered to involve moral turpitude cause problems when applying for a visa to the US. A person who has admitted to a crime of moral turpitude usually finds their application rejected.

Crimes which do not involve moral turpitude also cause problems if more than one crime which does not have to include moral turpitude was committed.

A CIMT is a crime which constitutes characteristics of evilness and which do not uphold the obligations one owes to society basically. Therefore, crimes such as stealing, arson, violence (excluding common assault) etc all constitute moral turpitude and it is rare for a visa to be granted to a person who has committed one of these crimes unless there has been a large passage of time since the crime was committed.

It is therefore all dependent on what crime you have committed.

You should tell the US embassy about the caution. You are obliged to. Whether they will find out or not after you have submitted a clean Police Certificate is hard to call. I would tell them, because if they were to later find out about it, they may permanently block you from the US as you have deceived them.

[Awkward]

Yeah Rocky, contact Anita in Nigeria, give her as much information as you can!

[Kingbushido]

There is no such thing as "just a caution" it is actually worse than a conviction as it is NEVER spent from your record (for the purposes of the Rehabiliation of Offenders Act it remains on there for life. The police trick people into thinking that it is something trivial in order to meet their detection / crime clear up rates. Sad but true. You dont say what the caution was for? For the purposes of USA immigration this is important as they are interested in certain crimes (involving moral turpitude) and not others.

[sumo19]

A caution does become spent.

A simple caution becomes spent immediately and a conditional caution becomes spent after 3 months.

[Kingbushido]

Formal cautions, reprimands and warnings are not criminal convictions and therefore are not covered, in England and Wales, by the Rehabilitation of Offenders Act 1974 or, in N. Ireland, by the Rehabilitation of Offenders (NI) Order 1978. For example, if a client is asked to declare previous convictions, s/he need not declare a caution. However, if s/he is asked a question like "Have you ever been in trouble with the police?" or "Have you a criminal record?", s/he should declare a caution, reprimand or warning.
http://www.thevillage.../spentconvictions.htm

[sumo19]

YES they are covered!

I've also found some proof for you from the internet. The only things that are not covered by the ROA Act are penalty notices for disorder.

https://www.askthe.police.uk/content/Q562.htm

Specifically-

Cautions are now covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). This means that if you are asked on an application form if you have a caution you can reply 'no'. For conditional cautions it would be after 3 months since the caution was issued, up until that time you would have to reply 'yes'.

Thank you

[sumo19]

The link you give I have just looked at and it is out of date.

[Kingbushido]

ok Sumo, I never realised they had now been covered by ROA. Thing is, even on your link it states

"If the application form says that the post is exempt from the Rehabilitation of Offenders Act 1974 then the caution must be disclosed, no matter how long ago it was given."

When it comes to immigration, there really isnt anything that can be exempted.

thanks for the interesting link though.

[sumo19]

No worries.

What you say about the exemption bit is true. So anyone for example registering as a doctor with the GMC will be exempt from the ROA and so will have to disclose everything.

What you say about immigration right too, and the American authorities take any breach of the law harshly.

The ROA only helps when someone is applying for a basic disclosure. Standard and enhanced included everything.

[dzug2]

In this context the Rehabilitation of Offenders Act is totally irrelevant - the USA are not bound by it and make their own rules.

The question may be - if I don't tell them have they any way of finding out? - to which the answer is probably (and only probably) no.

[Kingbushido]

even if they dont find out now, its possible that they would in the future, and could end up revoking citizenship and deporting the person for lying on their application.

[NachoMexicano]

you better cross the border through mexico