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legranderic

some advice please

By legranderic in United Kingdom

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legranderic Newbie

legranderic   0

Posted
Filed: Timeline
Posted

I am looking for some advice.

I want to apply for to live in the states with my wife and kids but im worried that some stupid things that i had done in the past will come back to haunt me.

My wife, a USC, and i have been married for 4 years and we have 2 children, both of whom have US passports. We have been together almost 10 years, 9 years of which have been in the UK.

My wife would like to move back for a few years to help with elderly family before they pass.

I met my wife when i was working illegally in america after i finished college. I spent about 14 months in total over there.

When i was there i got arrested and fined for disorderly behaviour. This was about 10 years ago.

About 6 years ago i was arrested and cautioned by the police for possion of a controlled substance.

I have been a back and forward to the states about 1 or 2 times a year for the last 10 years and had no issue getting into the country, but i understand that i have was not totally honest on my visa waiver form.

I appreciate that no one ccan give me a concrete answer as to whether my application will be approved but if anyone has any advice i would greatly appreciate it.

Boiler Grand Master

Boiler   46,003

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Sounds like the 2 main issues are the caution and the misrep.

The fracas probably not.

Likely you will need a waiver. I 601, there is a forum on here and also see www.immigrate2us.net

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted (edited)

Problem 1 is the "controlled substance." Frankly, had that been "illegal drugs" such as pot, they would not just have "cautioned" you; they would have charged you with possession. I thus simply assume it's a non issue.

Problem 2 is the "not totally honest on my visa waiver form" issue.

You would need to elaborate that if you want straight forward advice. If you "made a mistake" . . . well that's only human. If you failed to disclose that you were arrested, charged, spent time in jail, have been a druggy . . . that could be a problem.

Final word of wisdom: there are some dangerous things lurking in the dark. Avoid getting bitten by a snake oftentimes is as easy as not going into dark areas, if you catch my hint.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

elmcitymaven Grand Master

elmcitymaven   9,712

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Problem 1 is the "controlled substance." Frankly, had that been "illegal drugs" such as pot, they would not just have "cautioned" you; they would have charged you with possession. I thus simply assume it's a non issue.

Incorrect; police may issue cautions in England and Wales for simple possession of cannabis, though I am not sure what the status is now given that cannabis was reclassified in 2009 from a Class C to Class B drug. Given that the caution the OP cites occurred in 2004, when cannabis was still a Class C drug, it is more than possible that this could have occurred. There has been much debate in the UK forum as to the status of a caution vis a vis US immigration law -- in essence, it's not exactly a summary judgement, but is meant to deter further criminal activity. No matter what, it's on your police record and has to be disclosed. That it was for a drug offence does cause further complications during the application process. As Boiler said, you'll need a waiver.

If you don't know what a caution is in the UK, don't comment! It IS an issue here due to the nature of the caution. Cautions are NOT the same as the US Miranda rights but a completely different kettle of fish.

larissa-lima-says-who-is-against-the-que

Boiler Grand Master

Boiler   46,003

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Basically a caution is that you admit that you have been a bad body and get your wrist slapped.

Notice admit.

You do not have to accept a caution, you can run the risk of escalation.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

elmcitymaven Grand Master

elmcitymaven   9,712

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Basically a caution is that you admit that you have been a bad body and get your wrist slapped.

Notice admit.

You do not have to accept a caution, you can run the risk of escalation.

Yes, forgot to mention that. +1.

larissa-lima-says-who-is-against-the-que

 
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