Immagration/green card really need some advise thanks in advance

[EM_Vandaveer 2,408]

Becky1982,

Let's say it's not "on your record". You still need to tell USCIS about it. It happened, that's all that matters to the US government. Plus if you got a caution then you were not just "answering questions" it means you admitted guilt.

[EM_Vandaveer 2,408]

It did not get sent on rapid visa so it's irrelevant. But you did send something to USCIS, didn't you? What box was checked on those forms?

[MacUK 983]

Loopholes

Such as?

[IcezMan_IcezLady 582]

Such as?

Well, OP should not have qualify to use VWP with that.But Op got through here up till this point because the type of screening immigrants go through, VWP users do not. That's the loophole.

[EM_Vandaveer 2,408]

He didn't qualify for VWP. True, they probably don't/can't check into the truthfulness of the answers one checks on the VWP applications.

To OP, that's the other possible roadblock here: if USCIS decides they think you committed material misrepresentation on your ESTA application, you are in deep trouble immigration-wise. You definitely need a lawyer.

[EM_Vandaveer 2,408]

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

"Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?"

The question is if US Immigration law deals with UK caution as it would with a conviction. I believe it does as it implies an admission of guilt. But I am not a lawyer.

And I guess you can both say it wasn't "serious damage to property".

Edited March 3, 2016 by EM_Vandaveer

[Boiler 45,889]

It does not imply, it is an admission of guilt, just with less severe consequences.

[Cathi 5,782]

loophole of adjusting status through vwp. A loophole that needs to be closed. In my opinion being able to adjust status from anything other than a K-1 should be stopped. People are falling through the cracks, big time!

[EM_Vandaveer 2,408]

loophole of adjusting status through vwp. A loophole that needs to be closed. In my opinion being able to adjust status from anything other than a K-1 should be stopped. People are falling through the cracks, big time!

So even from work/student etc. visas? Sounds too severe.

[EM_Vandaveer 2,408]

Loophole is when the law is not clear, did not say anything about a certain situation etc. and people take advantage of it. As it stands right now, the law expressly allows AOS from VWP/tourist visa and other visas. I understand your sentiment, I just don't think loophole is the right word.

[EM_Vandaveer 2,408]

It does not imply, it is an admission of guilt, just with less severe consequences.

The question on the ESTA mentions "serious damage to property etc.", I am assuming in the case of petty theft, this would not be the case so answering "No" is OK? Again I'm no lawyer, just guessing here.

Edited March 3, 2016 by EM_Vandaveer

[TBoneTX 45,840]

The OP has closed his account, so this thread is also closed. A highly similar thread exists elsewhere.