Immagration/green card really need some advise thanks in advance

[David1983 0]

Just here for some advise so on my rapid visa forms the question of if you ever got arrested I put no but back in 2008 I was questioned over a petty theft crime I my self was told from a friend who also been involved that I needed to go police station answer questions. So I went to the station they asked me questions then let me go I was not arrested but thru after the interview they said I have to take a caution for the fact they had evidence on me.. Before I came to the USA I spoke to the police they told me it was only a caution so after 2 years you do not have to declare it on forms hence why I never.. Normally cautions are cleared after 5 years it's now 8 years ago I've Just started to worry about it in case it shows up. Obviously I will no lie to the person of whom asks me questions I'm just worried because I put no on the form. Even after talking to uk sargents about the matter who told me I don't have to declare it and it's filtered out after 5 years.. Any advise would be really nice. Thank you for reading this

[David1983 0]

i came over on a esta visa then ended up getting married and applying for adjustment of status to stay although I've been here 2 years now and paper works on hold but obviously my meeting will be coming up so I'm just trying to prepare my self

[Boiler 45,887]

Begs the question how you answered the ESTA about your Criminal History.

Cautions do not have to be accepted and there is no Rehabilitation of Offenders Act in the US.

Interesting to see how this is dealt with, especially for a VWP entrant.

[David1983 0]

On the esta does not ask about cautions so of cause the answer was no

[Nich-Nick 3,354]

Normally cautions are cleared after 5 years it's now 8 years ago I've Just started to worry about it in case it shows up. Obviously I will no lie to the person of whom asks me questions I'm just worried because I put no on the form. Even after talking to uk sargents about the matter who told me I don't have to declare it and it's filtered out after 5 years.. Any advise would be really nice. Thank you for reading this

They clear in the UK, but the US wants to know about everything, no matter when it happened. A UK caution is a plea of guilty that is handled on the spot without going to court. If you got a caution, you pled guilty to something and the US wants to know what and when.

Have you EVER

Been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

I think your petty theft might fall under "cited, charged, or convicted".

[NancyNguyen 1,658]

Nich-Nick knows what's up. Misrepresentation case is in sight I believe. You mentioned US Police, they don't care. But USCIS cares about it.

[David1983 0]

so am I best contacting who have my paper work and changing it then or just handle it at the meeting

[Boiler 45,887]

Best contacting a Lawyer.

[Nich-Nick 3,354]

so am I best contacting who have my paper work and changing it then or just handle it at the meeting

My comment has nothing to do with ESTA because I am not sure of the wording on it. The thing I cited is from the I-485 application you need to fill out. I think you should say yes. Your caution is something you would have discussed in London at a visa interview. You would have had to provide a police certificate and a Subject Access Report that detailed the charge. (You actually have a record on file still that would have been revealed on the SAR, but not the police certificate.). If the crime was petty, then you can be allowed to live in the US, but immigration wants to know about everything and make that decision. You skipped that discussion when you skipped the proper immigration path of getting a visa.

[Boiler 45,887]

Theft is a CIMT, he was ineligible to use the VWP and misrepresented himslef on ESTA.

[Becky1982 0]

Hi David I have the same kinda story as you is there any information you can give to me? I recently applied to get my police records I do suggest you doing this?!?

[IcezMan_IcezLady 582]

Theft is a CIMT, he was ineligible to use the VWP and misrepresented himslef on ESTA.

Loopholes

[Boiler 45,887]

Hi David I have the same kinda story as you is there any information you can give to me? I recently applied to get my police records I do suggest you doing this?!?

I would assume not.

What is your situation?

[Becky1982 0]

Hey boiler my situation is pretty much the same although I'm unsure if I have a record or not I don't no how to connect my link to this? I had to go answer questions on a theft matter but I don't believe I was arrested so I'm just waiting to hear back I've order a police certificate my paper work is on hold for more details right now so once I get my record back I then will see what's on it and change my paper work to the arrests but just because I'm not really to sure if I do I did tick no on the Aos I spoke to rapid visa they said I can change anything because it's not been sent and because it's still on hold.. I also like this man came in on a esta I been talking to my wife for year and we decided for me to come just to like spend real time together in that time she asked me to marry her I agreed and we had a little wedding.. I was planning on leaving after my 3 months was up in that time though we did paper work for Aos at that time of applying I thought it was for when I came back to be able to settle down and live with my wife but we spoke to a lawyer who asked if I was still here and advised me to stay while my paper work was being sorted so I stayed.. Not had a medical yet trying to get vaccination records sent over they keep sending wrong stuff I just read after a medical then you have a meeting??? So this why I'm now trying to find out if I was actually arrested or if anything is on my record then that way I can change my answer to yea and show at my meeting if and when I have one

[Boiler 45,887]

Without knowing what your situation is, impossible to comment.

OP knows his issue.