Police caution at 21 - Is it a huge problem ?

[geedouble 0]

Hi im planning to start DCF process in London soon with my USC wife. Ive applied for my police records ahead of time as i was cautioned when i was 21 for a tiny bit of wakky backky!!

I say it was a caution, but cant be sure. It never went to court. I was arrested and taken to the station where a stiff talking too was given to me before they took me home.

Records will take 6 weeks but anxious to know if anyone else had similar.

Thanks...

[Chica Yeyé 41]

Hi im planning to start DCF process in London soon with my USC wife. Ive applied for my police records ahead of time as i was cautioned when i was 21 for a tiny bit of wakky backky!!

I say it was a caution, but cant be sure. It never went to court. I was arrested and taken to the station where a stiff talking too was given to me before they took me home.

Records will take 6 weeks but anxious to know if anyone else had similar.

Thanks...

Don't know.... what exactly is "wakky backky"????

[payxibka 10,045]

Don't know.... what exactly is "wakky tobackky"????

[kitkat1 5]

Hi im planning to start DCF process in London soon with my USC wife. Ive applied for my police records ahead of time as i was cautioned when i was 21 for a tiny bit of wakky backky!!

I say it was a caution, but cant be sure. It never went to court. I was arrested and taken to the station where a stiff talking too was given to me before they took me home.

Records will take 6 weeks but anxious to know if anyone else had similar.

Thanks...

It depends on the nature of the crime. What exactly is "wakky backky"? If it was a crime of moral turpitude, you'll most likely need a 601 waiver. Definitely consult with an attorney before your interview.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to Receive Visas

Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

[Chica Yeyé 41]

I think it sounds more like "I got slushed with my mates and went jaywalking" but then again, the OP needs to specify what he means...

GREAT advise anyways kitkat, as always!

[payxibka 10,045]

can't you see it? wackky TO backky

[Otto 83]

aka...

[kitkat1 5]

Well then it depends on how old he is now. Generally speaking, any visa applicant who has used illegal drugs in three years prior to their visa interview will be denied with no waiver available and a three year wait. Most consulates will require drug testing and proof of attendance at rehabilitation meetings or something similar.

If it was more than three years ago, they'll probably refer him to a psychologist for further questioning and potentially let it go. All depends on the charges and the details.

Persons who admit during the medical exam to using an illegal drug within the last three years, or who are found with these substances in their system after drug screening, are inadmissible as drug abusers. There is an exception for mere experimentation (single use). There is no waiver for this medical ground, but applicants who have been in remission for three years since the last drug use can reapply for the visa.

[YuAndDan 153]

"wakky backky" === Marijuana

[Chica Yeyé 41]

Thanks for the translation into English YuandDan and Karin and Utto, mostly appreciated - honestly.

***edited for content that may offend some viewers***

To the OP: Follow kitkat's advise - she knows what she's talking about and is accurate in her information.

Edited August 23, 2007 by Len_and_Bren

[geedouble 0]

Sorry everyone... an explanation in the Queens English.

When i was 21, A Police officer made an arrest on myself whilst sitting in a stationary automobile with my aquantancies all partaking in smoking cannabis resin mixed with tobacco in a rolling paper. I am now 35.

Cheers !

Edited August 23, 2007 by geedouble

[Chica Yeyé 41]

Sorry everyone... an explanation in the Queens English.

When i was 21, A Police officer made an arrest on myself whilst sitting in a stationary automobile with my aquantancies all partaking in smoking cannabis resin mixed with tobacco in a rolling paper. I am now 35.

Cheers !

I don't see a need to apologize for not knowing drug-slang - in the Queen's English or in the American version, or the Australian or all other 70+ countries who have English as an official language.

Good luck in your journey, and I don't think you will need a waiver if there was not an arrest or record of the event. You may want to read info on waivers, but seems you'll be fine.

[Logres 0]

Hi im planning to start DCF process in London soon with my USC wife. Ive applied for my police records ahead of time as i was cautioned when i was 21 for a tiny bit of wakky backky!!

I say it was a caution, but cant be sure. It never went to court. I was arrested and taken to the station where a stiff talking too was given to me before they took me home.

Records will take 6 weeks but anxious to know if anyone else had similar.

Thanks...

Hi GD

I was arrested and cautioned at 19 for criminal damage (overbalancing when drunk and falling against window) back in England. Nothing relating to controlled substances, but I can give you some observations from my successful K-1 visa application.

I obtained a police certificate and there was no record of me being arrested or being cautioned. I even spoke to the record office at the relevant constabulary and he told me that until recently cautions were totally erased from the systems after 3 years. So going on this, your police certifcate should also come back with no mention of the arrest/caution.

I called up the embassy information line asking whether I should say YES on the forms where it asks if I've ever been arrested (given that there is no record of it on the police systems). The answer given was that I should say YES and the officier at the interview will ask about it if they see fit. I did put down YES on the forms, and was asked about it at my interview at the consulate in London. I'm sorry I'm not sure of the process for your kind of visa, but at least for K-1 you have an interview at the consulate. When the officer went through my forms he actually asked why I had indicated the arrest seeing as it was not serious enough to actually been retained on the police systems. As soon as I explained the details he moved past it very quickly. So having been fretting about it beforehand, I came away wondering if I really should have put it down or not - the officier did seem bemused why I had mentioned it at all.

Again, assuming you are obliged to have a medical exam (as you are for the K-1 visa) the same question arises. You are asked to declare if you have been arrested for a crime involving alcohol/drugs...... for consistency I said YES to this as well. I had an additional toxicology test performed on my blood, and the results came back fine. The doctor also told me that he had commented on my results that I did not seem to be unbalanced in my manner - as I would be if I was a raging alcoholic. So it wasn't a problem.

Hope that helps, let me know if you have any questions on this.

Cheers, Ed.

[kitkat1 5]

Sorry everyone... an explanation in the Queens English.

When i was 21, A Police officer made an arrest on myself whilst sitting in a stationary automobile with my aquantancies all partaking in smoking cannabis resin mixed with tobacco in a rolling paper. I am now 35.

Cheers !

You said you were arrested. What was the charge?

Since the law says

"(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible

and you will need to provide the same information on the DS-230, you should first speak to a qualified, experienced immigration attorney and find out if you will need a waiver.