Declaring UK Criminal History

[Redro 4,611]

28 minutes ago, EA and MK said:

Since a caution is not a conviction, the only item you need to sincerely and truthfully answer about your incident is whether your arrest was because you caused serious damage to property or serious harm to a person. If your actions that got you arrested resulted in neither , then I don't know why people here are saying this could be misrep. 

You don’t think causing fear of violence (with an air gun) or sending threatening text messages causes serious harm to a person? 
Some would say it does… this is why people are stating OP might need to file a waiver for misrep and might be deemed inadmissible as these arrests could be seen as CIMT. 

Consulting a lawyer and building a strong waiver case is probably the best course of action. If it is not needed then no worries but they’ll only find out the answer at interview. 

Edited April 19, 2023 by ROK2USA

[Family 3,988]

7 minutes ago, ROK2USA said:

28 minutes ago, EA and MK said:

Since a caution is not a conviction, the only item you need to sincerely and truthfully answer about your incident is whether your arrest was because you caused serious damage to property or serious harm to a person. If your actions that got you arrested resulted in neither , then I don't know why people here are saying this could be misrep. 

You don’t think causing fear of violence (with an air gun) or sending threatening text messages causes serious harm to a person? 
Some would say it does… this is why people are stating OP might need to file a waiver for misrep and might be deemed inadmissible as these arrests could be seem as CIMT. 

Consulting a lawyer and building a strong waiver case is probably the best course of action. If it is not needed then no worries but they’ll only find out the answer at interview

A caution does involve admitting to elements of a crime ..and as FAM indicates, consulates have a buffet of options to slap inadmissibility charges, often going behind/ beyond record of conviction.

 

Preparing a legal argument in advance is great if one can afford a good attorney, and being aware answers on ESTA may cause a problem should also help him prepare.

 

[Boiler 45,451]

I do not think this is DIY, I would want to get ahead of the game and go in prepared to show assuming possible, that this is not a CIMT, that there was no Misrep, which in my mind needs a Lawyers Brief.

 

There are quite a few good US Immigration Lawyers in the UK who will be familiar with UK criminal law or can easily get an opinion.

[JeanneAdil 6,489]

u have to look at the way US law looks at air guns,  fake guns,  etc as the person wants to come to US 

 

fake guns 

 It is only unlawful to display it in public—particularly in such a way that it could alarm a person who reasonably believes the gun could be real.

 

https://www.gov.uk/government/publications/firearms-law-guidance-to-the-police-2012/guide-on-firearms-licensing-law-accessible-version#:~:text=2.33 Under

the UK says the following

2.32 Section 16A of the 1968 Act makes it an offence to possess any firearm or imitation firearm with intent to cause, or to enable another person to cause, someone else to fear that unlawful violence will be used against them or another person. It provides for a maximum penalty of 10 years’ imprisonment or a fine, or both

 

 

Lawyer needed and i would consult one before making any type of petition