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JCV

Have i made a huge mistake?

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So, when i was 14 a group of friends i was with shoplifted make up in a store, and we all got taken back to the police station and arrested for 'group theft' despite not stealing anything i was with the wrong people at the wrong time. Anyway i have never thought much about it as it happened when i was a child and it was so...minor

Now... i have been on a j1 visa for 1 year and also on VWP a few times. i can't remember exactly, but most likely i didn't say i had a criminal record on the j1 visa. surely they do background checks so i would of got denied if it was on there? I am bit confused...

i haven't actually applied for a police cert yet, so i am not 100% it is even on there, but reading over posts i believe it is.

Now, will the 'crime' won't be an issue itself as i was a minor and my only time being in trouble, but now that i may have lied i am bit worried...

please any advice would be appreciated!

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also, when i travelled on the vwp i hadn't actually applied and the security did it for me at the order in one minute, didn't ask me anything apart from my address. i just noticed on the esta application, it states

2) Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority? *

Yes No

3) Have you ever violated any law related to possessing, using, or distributing illegal drugs? *

so i would of put no anyway...

Edited by JCV

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To put your mind at ease, perhaps order the police certificate first? :)


Married 2001, conditional resident 2003, permanent resident 2005.Left U.S 2012, abandoned green card 2013.Applied I-130 Nov 2014, approved Dec 2014. DS260 13th Apr 2015. Docs sent 27 Apr. Scan date May 1. Case complete June 4!Interview July 14th, rescheduled to Oct 20th. Approved! <p>I'm the immigrant :)

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A UK police certificate says "no trace" if there is no record. If it says "no live trace", the record is hidden but exists.

Others here on VJ in the UK forum have had the same worry as you. Nobody went back into their VWP record questioning their answers on ESTA. The interview was about the current visa qualification and not an inquest into previous use of VWP.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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A UK police certificate says "no trace" if there is no record. If it says "no live trace", the record is hidden but exists.

Others here on VJ in the UK forum have had the same worry as you. Nobody went back into their VWP record questioning their answers on ESTA. The interview was about the current visa qualification and not an inquest into previous use of VWP.

Please could you send me some of these threads of possible? I cannot find any!

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Thank you for the answer! I have also read other people were ok but some aren't . Has anyone else got any experience?

I wouldn't worry about it too much. during the interview you could let them know, if it doesnt appear on the certificate of good conduct its unlikely they would care.ive heard of cases where people have serious criminal records and still manage to get a green card.

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Please could you send me some of these threads of possible? I cannot find any!

Chrisclassic is one I remember because he posted a thousand threads and sent me PMs full of worry. Here is one such thread http://www.visajourney.com/forums/topic/426540-will-accidental-misuse-of-vwp-affect-my-k1-approval/?hl=%2Btraffic+%2Bcone#entry6249829. He got the visa. No questions about his VWP.

Long thread with chrisclassic again http://www.visajourney.com/forums/topic/435286-another-question-about-esta-and-cimts/?hl=+traffic%20+cone

I can't think of the other names. I have been reading UK forum for seven years and can't remember every user name. I did an advanced search on "traffic+cone" because I knew that was in many posts. I couldn't think of Chris's user name at first. You can do an advanced search with him as author, no key words, if you want to find other discussion by him.

My personal advice to Chris was don't go in waving a flag saying "I misused VWP". Go in and interview for a visa. Don't bring up topics you are not asked about by the interviewing officer.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Chrisclassic is one I remember because he posted a thousand threads and sent me PMs full of worry. Here is one such thread http://www.visajourney.com/forums/topic/426540-will-accidental-misuse-of-vwp-affect-my-k1-approval/?hl=%2Btraffic+%2Bcone#entry6249829. He got the visa. No questions about his VWP.

Long thread with chrisclassic again http://www.visajourney.com/forums/topic/435286-another-question-about-esta-and-cimts/?hl=+traffic%20+cone

I can't think of the other names. I have been reading UK forum for seven years and can't remember every user name. I did an advanced search on "traffic+cone" because I knew that was in many posts. I couldn't think of Chris's user name at first. You can do an advanced search with him as author, no key words, if you want to find other discussion by him.

My personal advice to Chris was don't go in waving a flag saying "I misused VWP". Go in and interview for a visa. Don't bring up topics you are not asked about by the interviewing officer.

Thank you so much, you have calmed me down a little. I just applied for the subject access report. Hopefully it won't take too long!

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I wouldn't worry about it too much. during the interview you could let them know, if it doesnt appear on the certificate of good conduct its unlikely they would care.ive heard of cases where people have serious criminal records and still manage to get a green card.

I have never seen anyone approved with a serious criminal history, do you have links for these people with so called serious criminal histories who were approved? However, I have seen people with misdemeanors while they were minors approved.

OP, were you arrested and convicted, and if so was it a felony or misdemeanor?

Edited by mimolicious


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I have never seen anyone approved with a serious criminal history, do you have links for these people with so called serious criminal histories who were approved? However, I have seen people with misdemeanors while they were minors approved.

OP, were you arrested and convicted, and if so was it a felony or misdemeanor?

We were arrested, but i am not sure.. it was almost 10 years ago, our parents just came to the police station to pick us up, no charges or court or anything, we were banned from the store for a year i think. I just found this 'caution for theft would be deemed exceptionable under the petty offence ruling, where only one crime has been committed and the maximum penalty does not exceed 1 years' imprisonment or a sentence of six months' confinement.' So hope it can be applied to my case.

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We were arrested, but i am not sure.. it was almost 10 years ago, our parents just came to the police station to pick us up, no charges or court or anything, we were banned from the store for a year i think. I just found this 'caution for theft would be deemed exceptionable under the petty offence ruling, where only one crime has been committed and the maximum penalty does not exceed 1 years' imprisonment or a sentence of six months' confinement.' So hope it can be applied to my case.

I believe i was 'cautioned'

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Thank you so much, you have calmed me down a little. I just applied for the subject access report. Hopefully it won't take too long!

You still need the regular police certificate. Order it. That is quick. Subject access takes a little longer. If you are worried that a caution will keep you from getting the visa, it won't. I thought your concern was misrepresentation on the J1 which I said I don't think will be the focus of your visa interview. Lots and lots of UK people have had "no live trace" police reports because of incidents, some even CIMT and drug/alcohol related. The US does want you to declare them on your DS-260 and London will ask for a Subject Access Report detailing any record if one exists.

Speaking of London, your timeline says your consulate is Armenia. Might want to fix that.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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You still need the regular police certificate. Order it. That is quick. Subject access takes a little longer. If you are worried that a caution will keep you from getting the visa, it won't. I thought your concern was misrepresentation on the J1 which I said I don't think will be the focus of your visa interview. Lots and lots of UK people have had "no live trace" police reports because of incidents, some even CIMT and drug/alcohol related. The US does want you to declare them on your DS-260 and London will ask for a Subject Access Report detailing any record if one exists.

Speaking of London, your timeline says your consulate is Armenia. Might want to fix that.

You are correct, my concern is about potentially being claimed of misinterpretation on both J1 and VWP if my police record does not come back clear.

Thanks for noticing! I have just changed it :P

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