Police Caution - K1 / ESTA Query - HELP!

[sremlif 51]

Hi there,

 

I am from the UK and am new to the forum and am in need of a bit of advice regarding police cautions.

 

11 years ago (Summer 2006) at the age of 19, I was arrested and cautioned under the Criminal Damage Act 1971 for the following: Destroy or damage property at a value unknown. I was drunk at the time - and although impossible to prove now it was my first time drinking. As stupid as this sounds I was on a night out with work colleagues and began jumping on a couple of parked cars, damaging the roof and windscreen in the process. Note: I received the same caution twice; one for each vehicle.

 

It has dawned on me now that as my fiance and I intend to start the process of filling out the I-129F form that these cautions may prove problematic in time to come. 

 

To make matters (potentially) worse, I've travelled to the USA since receiving these cautions: in 2009 to visit family and twice this year on an ESTA when visiting my fiance.

 

Here is my predicament: when completing my ESTA earlier this year I answered "No" to the question regarding previous arrests or convictions as I foolishly assumed that as it was considered "spent" it needn't be declared as it was no longer visible on any record. I realise now that this isn't how U.S. law works, but at the time I was careless and wasn't thinking.

 

I know it might be difficult to advise on how best to proceed but I would appreciate any advice. I'm really starting to fret over the consequences of my stupidity.

[Shiobhan 235]

Being a juviinile situation it may not count against you,

just be sure to disclose it during the K1 processing

[caliliving 606]

29 minutes ago, Shiobhan said:

Being a juviinile situation it may not count against you,

just be sure to disclose it during the K1 processing

 19 is not a juvenile..

[TierraGlanville 0]

Well the good thing is most petitons that are denied for criminal offenses are mostly due to abuse of woman and children or a serioua drug charge. These things you mentioned dont sound like felonies. And even if they are, it's been over 10 years, which is when most petty offenses loose their weight.

My advice would be to be 100% honest moving forward when it comes to your criminal background. At this point when filling out any more paper work put the date and type of offense5 when asked. 

If they ask you during an interview why you werent honest, explain then. 

But only then 

Hope this helps! 

[Shiobhan 235]

My my I was seeing 10 LOL the OP

needs a lawyer for the petition, there

will be issue of misrep...thx Caliliving

[f f 725]

always good to come clean sooner than lster. since keeping the lie going make it much worse when it is found out. I would recommend consulting a lawyer on how to write it up explaining how you misunderstood the terminology before and are wanting to come clean now.

 

keep in mind they can take away every immigration benfit you have gotten if they can prove you lied and wish to go after you. even after you naturalize.

 

good luck

[sremlif 51]

Thanks everyone for their replies - I know it has been a while but thought I'd update to say I applied for a B2 tourist visa at the US Embassy in London, UK and was granted it  (this was back in March). My fiance and I are now beginning the process of completing paperwork for the K1 visa. 

[Salty2305 504]

32 minutes ago, sremlif said:

Thanks everyone for their replies - I know it has been a while but thought I'd update to say I applied for a B2 tourist visa at the US Embassy in London, UK and was granted it  (this was back in March). My fiance and I are now beginning the process of completing paperwork for the K1 visa. 

You could apply for your police certificate and see what it comes back with. You may have to apply again for another one before your interview though as I'm not sure how long they last for.  If it says No Trace then it means you do not have anything on your record, No Live trace means you have previous convictions. 

 

If it comes back with No Live Trace, I believe you have to apply for another document that provides further detail on your record. I would say you need to provide an explanation on your application explaining that you were unaware that 'spent' convictions had to be disclosed as that is not the case here in the UK and then give details on the convictions you do have. 

 

Transparency is key in this process I've found  Everyone can make mistakes or errors on the form so it's best to clear up any issues as quickly as possible. 

[Lucky lady 0]

I'm in a similar situation as you were and was wondering did you get a lawyer to mitigate your circumstances as I foolishly did the same thing.

I also assumed stupidly that because it was spent that it was all fine and that it wasn't an issue.

Now going forward what was the application for the B2 visa like? As one of the questions was have you violated the USA visa and I'm not sure what to put?

Edited March 1, 2018 by Lucky lady

[sremlif 51]

11 hours ago, Lucky lady said:

I'm in a similar situation as you were and was wondering did you get a lawyer to mitigate your circumstances as I foolishly did the same thing.

I also assumed stupidly that because it was spent that it was all fine and that it wasn't an issue.

Now going forward what was the application for the B2 visa like? As one of the questions was have you violated the USA visa and I'm not sure what to put?

Have just sent you a PM.