ds-230 question 40

[JPKandCAK 0]

Ok so i posted this in the cr-1 forum but no one answered so i figured i'd ask here. If its in the wrong place just move it but..

i have a caution on my police certificate for a minor shoplifting offense over 3 year ago. It never went to court and i was never convicted or anything like that. I know shoplifting is a cimt so on question 40 where it asks if you're:

an alien convicted of or who admits having committed a cimt

do i tick yes or no? cos i'm not sure if it comes under some petty offense act or something.

Then later on, on Q41 it asks if you have ever been charged, convicted or arrested. Do i need to tick yes to that as well?

arghh im so confused.

[Dumb/Dumber 61]

TRUTH ALWAYS.

Were you convicted? Yes or No

Were you arrested, charged, or convicted? Yes or No

You will never get in trouble for telling the truth.

[JPKandCAK 0]

Does having a caution mean you were charged though? haha.. I'm so useless.

[Dumb/Dumber 61]

Does having a caution mean you were charged though? haha.. I'm so useless.

I have no idea, but my guess would be that the caution on your file is just to alert anyone doing a background check on you. If you were not arrested, charged, or convicted, you need to see about that getting taken off your file. Just my two cents.

[Harpa Timsah 13,258]

Did you try asking on the UK subforum? They will know better about UK laws than here. Good luck.

[Used to be broken 147]

Ok so i posted this in the cr-1 forum but no one answered so i figured i'd ask here. If its in the wrong place just move it but..

i have a caution on my police certificate for a minor shoplifting offense over 3 year ago. It never went to court and i was never convicted or anything like that. I know shoplifting is a cimt so on question 40 where it asks if you're:

an alien convicted of or who admits having committed a cimt

do i tick yes or no? cos i'm not sure if it comes under some petty offense act or something.

Then later on, on Q41 it asks if you have ever been charged, convicted or arrested. Do i need to tick yes to that as well?

arghh im so confused.

talk to a UK Attorney (Steven Heller does US Immigration law in UK) and find out what exactly that "caution" matches up to in terms of US Immigration law. Then pay for a prepared brief regarding your circumstances and have it on hand when you go to the interview. A well prepared brief might help avoid them delaying your VISA to determine if you need a waiver. If you do , then its best to get cracking on it if the interview is coming up.

Petty theft is generally considered a crime involving moral turpitude and one that would render someone inadmissible to the U.S. There is an exception though if it is your only conviction for a crime involving moral turpitude and if you served less than six months in jail and if the maximum penalty for the conviction was one year or less. See INA § 212(a)(2)(A)(ii)(II). The petty offense exception applies if:

(1) Commission of only one crime involving moral turpitude, at any time

(2) You were not sentenced to a term of imprisonment in excess of six months and

(3) The conviction carries a maximum possible sentence of one year or less