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HevMarsh

ACRO CERT REPLACEMENT?

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Filed: K-1 Visa Country: United Kingdom
Timeline

Hey guys, have a question...we had attended the Embassy interview, and with our ACRO certificate, which listed No Live Trace. The officer asked us about the offence (my fiance's) of which he explained to her. She then asked us for a Subject Access Report and advised us how to obtain it, by contacted ACRO. 

 
Upon contacting ACRO, they advised that the offence listed (which was not an arrest, it was a caution) was eligible for deletion from the record. They advised that process would take up to one month, then we could order a new certificate which would show no offenses. 
 
Our question is, are we able to submit a new ACRO certificate for our case, to replace the one currently on file that we presented at the interview? If so, does that eliminate the request for an SAR? As they 221(g) denied it due to the offence being possession of marijuana however it was only a caution and approx 7 years ago. 
 
We didn't want to proceed with the deletion, if we were unable to replace our on file cert. Also, if we are unable to replace, then we can proceed as requested by the officer originally?
 
anyone have experience with this? can anyone help? We have to wait 6 months for his medical to clear anyway as they want to random drug test him due to that offense. So we have time for the deletion if we can proceed.
 
Thanks guys!
 
 
 
 

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You cannot replace the form on file and change the past.  You must submit what has been requested.  Obviously, the Embassy already knows about the issue and needs the information to determine whether it will have an impact on visa issuance.   For US visa/immigration purposes, the crime/caution will always exist, whether the record is expunged or removed through any other process.

Edited by jan22

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Filed: K-1 Visa Country: United Kingdom
Timeline

But that was what ACRO advised when we spoke to them. we'd really like to speak to the embassy but the UK InfoUnit keeps misunderstanding the question. We already approved the 6 month medical and random tests because we had a separate issue which was triggered from that but the embassy is aware of that situation as well. We are not looking to undo the past (that sounded a bit condescending no offense) just looking for information as the InfoUnit is misunderstanding our question. 

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Filed: Citizen (apr) Country: England
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1 hour ago, HevMarsh said:

Hey guys, have a question...we had attended the Embassy interview, and with our ACRO certificate, which listed No Live Trace. The officer asked us about the offence (my fiance's) of which he explained to her. She then asked us for a Subject Access Report and advised us how to obtain it, by contacted ACRO. 

 
Upon contacting ACRO, they advised that the offence listed (which was not an arrest, it was a caution) was eligible for deletion from the record. They advised that process would take up to one month, then we could order a new certificate which would show no offenses. 
 
Our question is, are we able to submit a new ACRO certificate for our case, to replace the one currently on file that we presented at the interview? If so, does that eliminate the request for an SAR? As they 221(g) denied it due to the offence being possession of marijuana however it was only a caution and approx 7 years ago. 
 
We didn't want to proceed with the deletion, if we were unable to replace our on file cert. Also, if we are unable to replace, then we can proceed as requested by the officer originally?
 
anyone have experience with this? can anyone help? We have to wait 6 months for his medical to clear anyway as they want to random drug test him due to that offense. So we have time for the deletion if we can proceed.
 
Thanks guys!
 
 
 
 

Here’s the deal. In the UK a caution is a guilty plea where you skip court and accept any punishment or fine. It’s not like in the US where you might get a warning from a cop instead of a full ticket. She is guilty and convicted of the offence by accepting the caution.
 

Some offences are “stepped down” or get hidden from your record after a certain period of time. When applying for a job, as an example, the potential employer would not see anything that had been hidden like cautions or juvenile offences that may have been expunged. 
 

“No LIVE Trace” means there are convictions that have expired, been stepped down, or otherwise hidden. Someone with zero convictions gets a certificate that says ”No Trace”. US immigration wants to see EVERYTHING she has ever been charged with. People with ”No Live Trace” bring a Subject Access Report along with the regular police certificate to their interviews.

 

She needs to order the SAR and send it by courier or upload (however they instructed). Then they will evaluate if the marijuana conviction prohibits her from admission to the US. If not, they will issue the visa.

Edited by Wuozopo

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34 minutes ago, HevMarsh said:

But that was what ACRO advised when we spoke to them. we'd really like to speak to the embassy but the UK InfoUnit keeps misunderstanding the question. We already approved the 6 month medical and random tests because we had a separate issue which was triggered from that but the embassy is aware of that situation as well. We are not looking to undo the past (that sounded a bit condescending no offense) just looking for information as the InfoUnit is misunderstanding our question. 

It wasn't meant to be condescending.  I didn't mean the action leading to the caution, only to changing a form that had been submitted.    Hope this doesn't sound that way either, but the ACRO is not in charge of US immigration requirements and policies.  You need to follow the instructions of the Embassy and submit what they requested so they can move forward with processing your visa application.  

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Filed: K-1 Visa Country: United Kingdom
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Just now, Wuozopo said:

Here’s the deal. In the UK a caution is a guilty plea where you skip court and accept any punishment or fine. It’s not like in the US where you might get a warning from a cop instead of a full ticket. She is guilty and convicted of the offence.  
 

Some offences are “stepped down” or get hidden from your record after a certain period of time. When applying for a job, as an example, the potential employer would not see anything that had been hidden like cautions or juvenile offences that may have been expunged. 
 

“No LIVE Trace” means there are convictions that have expired, been stepped down, or otherwise hidden. Someone with zero convictions gets a certificate that says ”No Trace”. US immigration wants to see EVERYTHING she has ever been charged with. People with ”No Live Trace” bring a Subject Access Report along with the regular police certificate to their interviews.

 

She needs to order the SAR and send it by courier or upload (however they instructed). Then they will evaluate if the marijuana conviction prohibits her from admission to the US. If not, they will issue the visa.

That's incorrect dear, he was not convicted, nor was he guilty. He was taken in to the station then let go an hour later with a warning. No arrest, no conviction. So that is most certainly incorrect. 

Just now, jan22 said:

It wasn't meant to be condescending.  I didn't mean the action leading to the caution, only to changing a form that had been submitted.    Hope this doesn't sound that way either, but the ACRO is not in charge of US immigration requirements and policies.  You need to follow the instructions of the Embassy and submit what they requested so they can move forward with processing your visa application.  

Thank you :) Understood

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17 minutes ago, HevMarsh said:

That's incorrect dear, he was not convicted, nor was he guilty. He was taken in to the station then let go an hour later with a warning. No arrest, no conviction. So that is most certainly incorrect. 

Thank you :) Understood

In the UK, to receive a caution (after July, 10, 2008, -- not necessarily true for cautions issed before that time) you have to admit to having committed the offence to the police and agreed to be cautioned in lieu of being arrested and charged. Therefore, while it does not result in a formal criminal arrest or conviction, it is accepted as an acknowledgement of guilt for the offense for which the caution was issued.  It is treated as such during the US immigrant visa process. That's why they're requesting the additional documentation.

Edited by jan22

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Filed: Citizen (apr) Country: England
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21 minutes ago, HevMarsh said:

That's incorrect dear, he was not convicted, nor was he guilty. He was taken in to the station then let go an hour later with a warning. No arrest, no conviction. So that is most certainly incorrect. 

Okay, maybe I chose a word poorly. He committed an offence involving marijuana and admitted he did it and accepted the caution instead of going to court to be declared not guilty. Only a court can “convict”. 
 

If there was never any offence, his ACRO would say No Trace.  Immigration needs to see a SAR because his ACRO police certificate says No Live Trace meaning there is some offence on the record, albeit hidden or erased for UK purposes. US immigration must see what was hidden or erased. 
 

Edited by Wuozopo

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