Previous arrest...

[milesinfront 2]

I doubt you will need to get a definition of a caution from the police. Just provide a full written explanation, as you have done above. The embassy will know what a caution is, and the fact that you were not charged or prosecuted speaks for itself. Re. the delay, I remember I had to wait a couple of months. Just be patient, because once you get the interview date, things really start moving.

[sammills89 2]

Actually I did ask the policeman dealing with my case what it meant, and he said it's basically the last caution you get before you're taken to court as a minor. Most times it is given to reoffenders but it can be used against first-timers such as myself depending on how they decide to view it. He did tell me that had I not acted in self-defence it would have more than likely been taken to court, but that they did take the events into consideration. So it is a caution, according to them anyway. The fact remains that it isn't a conviction and I was never put on trial or taken to court.

[sammills89 2]

I doubt you will need to get a definition of a caution from the police. Just provide a full written explanation, as you have done above. The embassy will know what a caution is, and the fact that you were not charged or prosecuted speaks for itself. Re. the delay, I remember I had to wait a couple of months. Just be patient, because once you get the interview date, things really start moving.

Well I understand that they will know what a caution is, but will they understand how a 'final warning' will play into that? I did read somewhere that local authorities wording for things did not apply in the embassy, and that they see EVERYTHING as a conviction. Not so sure how true that was.

[milesinfront 2]

I suppose at the most it would help if you had a definition of "caution" and "final warning" to bring with you. The embassy does not necessarily see things entirely in black and white and does consider all circumstances. The very fact that you were given a warning is testament to the fact that the police did not think it serious enough to press charges. Anyway, I think you will be fine. Write a concise account of the circumstances. It was such a minor thing.

[sammills89 2]

Yeah that's what I figured, might be best to just make things as clear as possible for them with as much information from relevant sources as possible. Really has ruined my week I'll tell you that much, seems like we're getting to the top of this hill now though. Hopefully anyway! Will add calling the police station for a letter to my list of duties tomorrow. Thanks for all your help miles, appreciate it.

[MikeA 0]

9 FAM 40.21(a) N9.4-2 Between Ages 15 and 18

(TL:VISA-46; 08-26-1991)

Juveniles between the ages of 15 and 18 at the time of commission of an offense will not be considered to have committed a crime, and thus be ineligible under INA 212(a)(2)(A)(i)(I), unless tried and convicted as an adult for a felony involving violence. A felony is defined in 18 U.S.C 1(1) as an offense punishable by death or imprisonment for a term exceeding one year.

Well the maximum term for 'Criminal Battery' in the UK is imprisonment of 6 months, if tried. I was never tried and never convicted, not sure if this helps. Apparently in the UK it's considered a 'petty crime' and in the USA a 'misdemeanor' I think. Thoughts and opinions anyone?

To be safe collect any and all records and be certain they are "Certified Copies" you would hate to be delayed because they were not.

[Brad and Vika 129]

I suppose at the most it would help if you had a definition of "caution" and "final warning" to bring with you. The embassy does not necessarily see things entirely in black and white and does consider all circumstances. The very fact that you were given a warning is testament to the fact that the police did not think it serious enough to press charges. Anyway, I think you will be fine. Write a concise account of the circumstances. It was such a minor thing.

Yeah, but the definition of moral turpitude is pretty clear. Does battery even qualify? I am probably missing something.

[PB&JAM 1]

I suppose at the most it would help if you had a definition of "caution" and "final warning" to bring with you. The embassy does not necessarily see things entirely in black and white and does consider all circumstances. The very fact that you were given a warning is testament to the fact that the police did not think it serious enough to press charges. Anyway, I think you will be fine. Write a concise account of the circumstances. It was such a minor thing.

Yeah, but the definition of moral turpitude is pretty clear. Does battery even qualify? I am probably missing something.

yes it does. here is a list. http://britishexpats.com/forum/showthread.php?t=559272.

[Brad and Vika 129]

I suppose at the most it would help if you had a definition of "caution" and "final warning" to bring with you. The embassy does not necessarily see things entirely in black and white and does consider all circumstances. The very fact that you were given a warning is testament to the fact that the police did not think it serious enough to press charges. Anyway, I think you will be fine. Write a concise account of the circumstances. It was such a minor thing.

Yeah, but the definition of moral turpitude is pretty clear. Does battery even qualify? I am probably missing something.

yes it does. here is a list. http://britishexpats.com/forum/showthread.php?t=559272.

Maybe I am splitting legal hairs here, but simple battery and aggravated battery (listed in your citation) are different. Both are criminal offenses. Anyway, thanks for the information and answer.

[The Law 0]

Looks like I'm a bit late, but I'll post anyways.

Matter of Ramirez-Rivero, 18 I&N Dec. 135 (BIA 1981); Matter of Devision; 22 I&N Dec. 1362 (BIA 2000) states:

"Juvenile adjucations are not convictions for the purposes of immigration law".

[Brad and Vika 129]

There's another wrinkle.