HELP NEEDED QUICK

[chrisclassic 14]

okay so here is my story i have travelled on the vwp 3 times from may 2012 up untill december 2012 not since

anyways me and my fiance are in the stages of the k1 visa

i got my acpo it said no live trace

so i got my subject access forms and im shocked it come back saying caution theft of traffic cones

story goes about 7 years ago on halloween we decided to find cones in hedges ect more of a practical joke foolish i know and im not proud seen as this is the only blemish on my name

we were not arrested on that night but asked to leave then about a month later asking me and my 3 friends to go to the station where we all said yes we took the cones from hedges ect then left again no fines no jail no court

i just wondered if this previous misuse of the VWP even though i had forgotten and never thought that would be a cimt :/ affect me in my interview at the london embassy for my k1 please help as much as you can

[BaBamSam 239]

I don't understand how you believe you've misused the VWP. Unless you stayed for longer than 90 days in any of those periods, you should be OK?

The caution, judging by similar threads here, shouldn't be a huge deal. If it's brought up at the embassy just be honest.

[rjm_cmyk 75]

If you were a student at the time abusing traffic cones is somewhat de rigeur isn't it ? I suspect it is more like to raise a knowing smile than an objection

[chrisclassic 14]

I don't understand how you believe you've misused the VWP. Unless you stayed for longer than 90 days in any of those periods, you should be OK?

The caution, judging by similar threads here, shouldn't be a huge deal. If it's brought up at the embassy just be honest.

oh im going to be honest trust me its the best policy i say

but when i say misuse vwp i meant by going 3 times on the theft caution

i shouldnt of been able to get the vwp but i never thought this was against me

and i never filled the vwp myself it was the local travel agent :/ so i never knew about the questions of arrest she asked for my passport so i gave it to my parents to go get it

god im so worried

wasnt a student just a stupid fool but the officer was rather pathetic about it taking the action he did

If you were a student at the time abusing traffic cones is somewhat de rigeur isn't it ? I suspect it is more like to raise a knowing smile than an objection

wasnt a student just a stupid fool but the officer was rather pathetic about it taking the action he did

[Nich-Nick 3,354]

Well don't give them anything to consider like asking if you did something wrong by using VWP. Discuss your crime if asked. Answer the questions, but don't offer up that you may have violated VWP, too. Let them lead the discussion. I don't remember anybody having a problem with that and there have been a lot of cautions pass through this forum. It can't be a huge problem or we would hear about a new one every month that got slapped around for using VWP.

[civilservant 42]

You didnt misuse the VWP, since answering the question requires that you have full knowledge of your situation and the fact that you had such a record.

A material misrepresentation cannot be made if the person making said representation dosent know they are misrepresenting themselves. If asked, simply say you didnt know you had the record. Although to have been cautioned you must have been arrested and admitted guilt. How did you forget that?

[Penguin_ie 5,993]

It sounds like you were never arrested or convicted of anything, right? Because a caution is given without an actual arrest. So you were fine, because the ESTA question is

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

and your caution doesn't fall under that

[civilservant 42]

A caution IS a conviction as far as the US is concerned. It is an admission of guilt, also, YOU MUST BE ARRESTED to receive a caution.

Edited May 25, 2013 by civilservant

[chrisclassic 14]

You didnt misuse the VWP, since answering the question requires that you have full knowledge of your situation and the fact that you had such a record.

A material misrepresentation cannot be made if the person making said representation dosent know they are misrepresenting themselves. If asked, simply say you didnt know you had the record. Although to have been cautioned you must have been arrested and admitted guilt. How did you forget that?

well never having the cuffs on and just being asked to go to the station 3 weeks after the cone incident didnt feel like an arrest and cause it was so petty it was blanked from my memory and never realised it went on my record

[Penguin_ie 5,993]

A caution IS a conviction as far as the US is concerned. It is an admission of guilt, also, YOU MUST BE ARRESTED to receive a caution.

Ok, bvut by the actual ESTA question I quoted above, the OP is still in the clear

[chrisclassic 14]

Ok, bvut by the actual ESTA question I quoted above, the OP is still in the clear

you really think as i did not know it was on record serious

if i did i would of done all what was right to get a travel visa if i thought i could not use the vwp

[chrisclassic 14]

i was hoping they wouldnt bring this up during the interview

but tbh i am prepared for the waiver

[chrisclassic 14]

i guess hoping that it was 7 years ago with absolutly nothing else on my record seen im a pretty good citizen apart from pinching a traffic cone on halloween to be a witch i might be okay when it comes to the interview

[Penguin_ie 5,993]

you really think as i did not know it was on record serious

if i did i would of done all what was right to get a travel visa if i thought i could not use the vwp

I think you did not need to bring it up- even if you'd known about it- because your caution does not involve moral turpitude, 2 convictions with an aggregate of 5 years, drugs etc.

[civilservant 42]

How can THEFT not be a CIMT? Some people on here need a serious reality check.

Im not saying it will be a problem, I am saying that you were possibly ineligible for the VWP. If you had entered yes to the CIMT question on ESTA (which you should have done) I am certain travel would not have been authorised and you would have needed to apply for a B2.

Thats beside the point though, if you did not know then you cannot have made a material misrepresentation.

As for not being arrested, if you are given your rights at any point that is an arrest - unless it is specifically stated you are not under arrest.

Personally, I would ask this question over at BritishExpats.com, we over there are far more knowledge about the minuta of the law then the people here seem to be.

Edited May 25, 2013 by civilservant