Police caution stop me from going to New York for 1 week?

[Belfast1234]

I live in Northern Ireland and got a police caution 5 years ago at the end of the summer for carrying a small bit of weed. I am planning on going to New York for a week in June and was told I might not get past immigration control? Anyone know anything about this and could advise me?

[Amber]

If, you were not arrested or convicted of a crime, it would not have to be declared and you could apply using ESTA, if eligible. If you were arrested, you should, technically, apply at the Embassy for a visa declaring the arrest as you would, again technically, not be eligible for ESTA. Some individuals don't bother reporting it, taking a risk. I suggest you contact the Unlock helpline (click).

[Belfast1234]

I was not arrested it was an official caution that went on my record and I've been told it will be expired in 5 years which is this year but I don't know exactly when and I've rung various numbers and no one seems exactly sure either. When applying for the esta if I put down my caution will they make the decision if I will be able to get the holiday visa? I just want to know before I pay for flights and turn up at the airport, don't want to be turned away! My friend said her boyfriend had a similar caution and couldn't go to America which is where my worries came from.

[Belfast1234]

Is it an esta I apply for to go to New York? And if I declare my caution how will I know if they are going to refuse me as it is an automatic online form?

[Amber]

If you were not arrested you tick no to the criminal question on the ESTA application as a caution is not a conviction.

[Archibald_Shagnasty]

A good bit of advice is to always declare everything on a US visa application, especially if it's drug-related. A drug-related caution is very different and anyone who's been cautioned, has been arrested. And all arrests should be declared.

I'm an American attorney.

[Amber]

That's not so good really, as it doesn't ask for a caution to be declared. You should know, as an Attorney, that failing ESTA means you have to go to the Embassy for an interview and get an ACPO police certificate.

[ilr-holder]

Dear Amber_,
I have just registered and made a post which I would like to delete urgently. I seem to be unable to delete or edit posts as well as contact any moderators. Could you please help? It is an emergency. Thank you.

[ilr-holder]

Dear Amber_

I saw there was a message from you but I cannot read it - the following message appears: You are not authorised to read private messages.

Is there any way we could speak?? I just need to urgently remove my post. Thank you.

[Amber]

It is removed as it breached the terms of the forum anyway.

I suggest you make a complaint to the OISC if you believe the advise was poor, it's unlikely that you can avoid paying the fees anyway.

[ilr-holder]

thanks - the issue has been cleared.

[Archibald_Shagnasty]

That's not so good really, as it doesn't ask for a caution to be declared. You should know, as an Attorney, that failing ESTA means you have to go to the Embassy for an interview and get an ACPO police certificate.

Amber, I simply wish to be clear: is it your position that a caution (regardless of what it's for) need not be declared on an American immigration application?

Because it is best practice to always declare anything from the three following areas, whether you were arrested, cautioned or whatever:
1) terrorism
2) drugs
3) offences of moral turpitude (embezzlement, fraud, etc.)

Anyone who advises someone not to declare offences of any of the above areas should not be dispensing American immigration advice. And besides, advice should be sought from someone qualified to offer the advice. Because, of course, a drug offence renders one completely ineligible for ESTA to begin with.

[Amber]

That's not so good really, as it doesn't ask for a caution to be declared. You should know, as an Attorney, that failing ESTA means you have to go to the Embassy for an interview and get an ACPO police certificate.

Amber, I simply wish to be clear: is it your position that a caution (regardless of what it's for) need not be declared on an American immigration application?

Because it is best practice to always declare anything from the three following areas, whether you were arrested, cautioned or whatever:
1) terrorism
2) drugs
3) offences of moral turpitude (embezzlement, fraud, etc.)

Anyone who advises someone not to declare offences of any of the above areas should not be dispensing American immigration advice. And besides, advice should be sought from someone qualified to offer the advice. Because, of course, a drug offence renders one completely ineligible for ESTA to begin with.

Really, please do show me where on the ESTA application it states that? There is no need to declare something that is not asked.

[sie100173]

I have just been through the Visa process. I had a caution for class A drugs about 19 years ago, went to the american embassy in london told the truth even got a little laugh from the consulate lady when i told her the story. It was all quite painless and i was granted a 10 year visa so just be honest and you will be ok.