can a caution stop you from aos

[English Muffin 59]

what is a esta ?

Forget that, it's only just become compulsory.

[myangelblue 0]

i think i may have put no because i didnt think a caution counted as conviction . omg am i in trouble ??

[Hannah+Vito 0]

what is a esta ?

its the new thing for advanced passenger information for visa waiver program. you fill it out on line and get advance clearance to use the visa waiver, think its ment to weed out having to turn people back at point of entry because they are not eligable for using visa waiver. think its suposed to take 48 hours to get response, and will mandatory.

English muffin i thought it was replace the green card stock thing? i thought that was whole point of asking questions on card?

at least that answers my question as to how you obtain your i-94 now

[English Muffin 59]

i think i may have put no because i didnt think a caution counted as conviction . omg am i in trouble ??

Possibly. The whole subject of CIMTs is very confusing but here's a very good post from another forum that I frequent written by an immigration attorney. It might shed some light on things for you.

http://britishexpats.com/forum/showthread.php?t=559272

You might also want to consult an attorney yourself.

English muffin i thought it was replace the green card stock thing? i thought that was whole point of asking questions on card?

at least that answers my question as to how you obtain your i-94 now

No, it hasn't replaced it (at least not yet).

[Hannah+Vito 0]

oh ok now i get yah, i think our wedding invites have just created a whole new headache, one forward and ten back. dunno how i am gunna explain this to my rellies.

i second the consult an attorney idea, best to cover your tooche.

[myangelblue 0]

thanks , i jus cant see a caution causing me to be deported . they let me in the country for crying out loud lol

[English Muffin 59]

thanks , i jus cant see a caution causing me to be deported . they let me in the country for crying out loud lol

That's the problem. If you only got in because you lied on the I-94W it may make you deportable. It's not the offence that would deport you, but the lying about it. If there's one thing US Immigration do NOT like it's being lied to!

I'm not saying that that's the case here, so don't start worrying just yet. However, you just might have a problem and a consultation with an immigration attorney will probably be your best bet.

Edited January 10, 2009 by English Muffin

[myangelblue 0]

has anyone had this situation before because now im really freaking out ??

[Lansbury 19]

Time to consult with an immigration lawyer.

It isn't the caution that will cause you trouble but obtaining entry under the VWP by a possible deception. (Not declaring the arrest and hence your possible inability to use the VWP).

You also hinted at a juvenile record, is that the caution or is there something else. The answer to that might also effect the possible outcome.

In these circumstances you need expert advice as to what the possible ramifications might be and how best to overcome them.

[myangelblue 0]

well thing is this caution was in 2005 he came here in 2007 and because he was jus cautioned he really never thought about it. the juvenille thing was he was brought to police station and questioned for something that someone said he did but they jus questioned him never fingerprinted him or cautioned him jus questioned about it.

[Lansbury 19]

Any possible problems you might have are in all honesty beyond the scope of the amateur advice you will receive from however well intention people on this board.

As I read your posts he has in fact been arrested twice and answered that he hadn't been arrested on the visa waiver form. He answered that way because he didn't understand that his history might need declaring.

Your problem is that a visa obtained by not telling the truth and omitting something is taken as the same thing can be revoked. If he were in the worst case deported and you applied for a visa for him as you are married he would on what I have seen from others with similar minor arrests be granted it by the London Embassy. However an assumption from that that it would therefore follow that he wouldn't be deported while logical might not be correct.

You really do need to seek professional legal advice on the best way to minimize any problems you might face, or if indeed you do in fact have any real problem at all.

[Gemmie 142]

well thing is this caution was in 2005 he came here in 2007 and because he was jus cautioned he really never thought about it. the juvenille thing was he was brought to police station and questioned for something that someone said he did but they jus questioned him never fingerprinted him or cautioned him jus questioned about it.

He entered in 2007 and is still there?

How can he enter on the VWP back in 2007 and still be there without status?

That alone might cause a problem, but someone else will know more about overstays than I do.

[myangelblue 0]

he is still here because we married and are now filing aos . overstays from what a lawyer has even said are forgivin when married to usc.

[Lansbury 19]

Overstays in general are forgiven but it isn't a slam dunk.

You have an overstay on a visa waiver which may not have been correctly obtained. Do yourselves a favor get a lawyer to handle this, if it goes wrong with his overstay he could face a 10 year ban on re-entry to the USA.

[LorriQ 0]

Isn't a caution (UK) the same as a warning(US)? Warnings don't go on your record and don't need to be reported.

Have friends that married and then procrastinated the AOS process - best advice you've already gotten, get a lawyer to help you through it.