Can you travel to america if you have a police caution??

dominatrix1 · 24 Dec 2011 at 16:20

I was wondering if anyone know if you are able to get into America if you have had a police caution in the past?

Liquid_Entity · 24 Dec 2011 at 16:28

Depends how long ago and what for

Al Vallario · 24 Dec 2011 at 16:29

See the page on the US Embassy in London website for information.

Were you arrested and/or convicted of a criminal offence? That's where the line is drawn. If you were cautioned but not arrested or convicted (is that possible?), you are still eligible for the Visa Waiver Programme.

Liquid_Entity · 24 Dec 2011 at 16:34

I had a caution when I was 18/19 and when I went travelling I got a police report from the local station drawn up, blank, nada, nothing on there, so didn't worry about it.

G-MAN2004 · 24 Dec 2011 at 16:36

Is there a time limit until you're allowed back there or is it permanent if you've got a criminal record? I'd be gutted if I could never go back! Not that I ever see myself getting a criminal record, but still.

Rroff · 24 Dec 2011 at 16:40

G-MAN2004 said:
Is there a time limit until you're allowed back there or is it permanent if you've got a criminal record? I'd be gutted if I could never go back! Not that I ever see myself getting a criminal record, but still.

IIRC If your really determined to go, for more minor stuff I believe you can get a bond considered on a case by case basis, its not cheap tho and I believe you also need someone who is already a US resident to give a character reference.

arknor · 24 Dec 2011 at 16:44

G-MAN2004 said:
Is there a time limit until you're allowed back there or is it permanent if you've got a criminal record? I'd be gutted if I could never go back! Not that I ever see myself getting a criminal record, but still.

it depends what the crime was it only concerns "crime involving moral turpitude"

the oods are if you dont mention it they wont know as i doubt they have access to our police database

dominatrix1 · 24 Dec 2011 at 16:49

it was about 3 years ago and a friend had something that he maybe shoudnt have - and was arrested and released with a caution.

Liquid_Entity · 24 Dec 2011 at 16:50

caution for drugs hmmm worth speaking to the embassy then. mine was for similar but it was well over 6 years and that's why it was clean after so long.

gambitt · 24 Dec 2011 at 16:50

Yes you can. Ignore the rubbish you read about having to get apply for a visa.

Al Vallario · 24 Dec 2011 at 16:57

dominatrix1 said:
it was about 3 years ago and a friend had something that he maybe shoudnt have - and was arrested and released with a caution.

If they were arrested, I'm afraid that's the Visa Waiver Program out the window.

They'll have to apply for a visa; either a B1 or B2 depending on whether the visit is for business or tourism purposes. Whether or not they are granted a visa will depend on whether the offence is considered one of "moral turpitude".

adscan · 24 Dec 2011 at 17:04

any drug related conviction and you have no chance with either US or AUS.

Liquid_Entity · 24 Dec 2011 at 17:10

conviction yes, caution depends on the situation.

gambitt · 24 Dec 2011 at 17:16

With a caution it doesn't depend on anything. It's a bloody caution - they aren't going to know or care.

Castiel · 24 Dec 2011 at 17:17

Yes you can. Just don't declare it...they cannot check your criminal record anyway.

Liquid_Entity · 24 Dec 2011 at 17:18

arknor said:
it depends what the crime was it only concerns "crime involving moral turpitude"

the oods are if you dont mention it they wont know as i doubt they have access to our police database

they do have access. My story...

Arrested and cautioned for weed when I was 18 or 19. Squeaky clean since and when applied for ESTA originally, at aged 29, I stupidly put Yes to the moral turpitude question (not really realising what it meant but arrests for drugs usually mean bad news) and I failed the ESTA. Then 6 months later the US changed all the ESTA rules due to UK passports having over 10 year passport expiration dates, so I reapplied after getting a clean Police Report back and said No to the same question. ESTA granted and thought nothing on it until I went to the US.

They questioned my original application over an over for hours, I was only on a connecting flight and had 1.5hrs to get through Immigration, being the US anyway it was certainly not pleasant at all. Anyway after much phone calling between the US immigration guys and someone from the UK, and me showing my clean Police Report they finally let me in. When I flew back 3 weeks later through a different airport they didn't even question it.

Castiel · 24 Dec 2011 at 17:37

Al Vallario said:
If they were arrested, I'm afraid that's the Visa Waiver Program out the window.

They'll have to apply for a visa; either a B1 or B2 depending on whether the visit is for business or tourism purposes. Whether or not they are granted a visa will depend on whether the offence is considered one of "moral turpitude".

That's not entirely true, you can apply via the waiver system as long as you have not been arrested or convicted of two or more crimes where the aggregate sentence was more than 5 years....also in the case of crimes of moral turpitude, 15 or more years has passed since the conviction and you are deemed to have been rehabilitated then you can apply.

Other exceptions are if you were under the age of 18 when the crime took place and at least 5 years has lapsed since the conviction was spent.

Also if the maximum sentence that could have been given for the crime was one year or less and the maximum sentence served was 6 months or less are exempt.

Violent Crime and Drug and Human Trafficking, Severe Violations against religious Freedom all make you inadmissible to use the WVP regardless of the circumstances.

As far as the OP is concerned, with a police caution he has no need to disclosed it for the WVP or ESTA, as long as it wasn't for Violence or the last few things mentioned.

The most common types of crimes involving moral turpitude that would make you inadmissible are murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud. At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S.

http://www.state.gov/documents/organization/86941.pdf

Castiel · 24 Dec 2011 at 17:39

Liquid_Entity said:
they do have access. My story...

Arrested and cautioned for weed when I was 18 or 19. Squeaky clean since and when applied for ESTA originally, at aged 29, I stupidly put Yes to the moral turpitude question (not really realising what it meant but arrests for drugs usually mean bad news) and I failed the ESTA. Then 6 months later the US changed all the ESTA rules due to UK passports having over 10 year passport expiration dates, so I reapplied after getting a clean Police Report back and said No to the same question. ESTA granted and thought nothing on it until I went to the US.

They questioned my original application over an over for hours, I was only on a connecting flight and had 1.5hrs to get through Immigration, being the US anyway it was certainly not pleasant at all. Anyway after much phone calling between the US immigration guys and someone from the UK, and me showing my clean Police Report they finally let me in. When I flew back 3 weeks later through a different airport they didn't even question it.

That is because you gave a "yes" answer originally, not because the American Immigration Service has access to UK Criminal Records....they do not.

Al Vallario · 24 Dec 2011 at 17:53

Castiel said:
That's not entirely true, you can apply via the waiver system as long as you have not been arrested or convicted of two or more crimes where the aggregate sentence was more than 5 years....also in the case of crimes of moral turpitude, 15 or more years has passed since the conviction and you are deemed to have been rehabilitated then you can apply.

In that case the website for the US Embassy in London is incorrect? :confused:

Under United States visa law people who have been arrested at anytime are not eligible to travel visa free under the Visa Waiver Program(VWP); they are required to apply for visas before traveling. If the arrest resulted in a conviction, the individual may require a special restricted visa in order to travel. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are not eligible to travel visa free; they must apply for B-1 or B-2 visas. If they attempt to travel under the VWP, they may be refused entry into the United States.

— http://london.usembassy.gov/add_req.html (emphasis mine)

Castiel · 24 Dec 2011 at 18:05

Al Vallario said:
In that case the website for the US Embassy in London is incorrect?

— http://london.usembassy.gov/add_req.html (emphasis mine)

No they are not wrong....but there are a whole list of exceptions and conditions to that general advice.

The link I gave gives the information you need.

However the US Authorities have absolutely no way of knowing whether the OP has a caution or not, so if it were me I would just tick no to the question. Anyone that tells you that the US authorities have access to UK criminal records in anything other than the most extreme of circumstance is wrong.

http://www.telegraph.co.uk/travel/c...-insurance-XL-payouts-and-Italy-in-bloom.html

If the OP is really paranoid about it, just apply for a 3 year visa, it will cost about £130 but it will mean you can travel without a VWP for 3 years. (not stay on the US for 3 years though)

to be fair because I have a US passport I have never had to go through any of that rigmarole so in practice it may be that getting a visa is the only practical thing to do if you decide to declare any conviction or arrest....personally though for a caution I simply wouldn't mention it and tick no criminal record to the question.