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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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what is the likelihood of being granted a visa for visiting

Resolved Question:

what is the likelihood of being granted a visa for visiting the US after receiving a caution for possession of a small amount of cocaine in april 2013 (not other arrests or cautions), i would be thinking of applying for the visa in may or june 2014
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.


Unfortunately no one can guess or guarantee whether you will be granted a visa. That is because the US immigration authorities assess each case on an individual basis and the immigration officer that considers your application will have the final say, so whilst one person on one day could be satisfied that you should be granted a visa, another person on another day could have a very different opinion.


 


However, a caution is not a formal criminal conviction and not a serious thing to have on your record. The reason is not ideal (drugs) and it is a recent offence, but it could have been much worse. So I would say that it is unlikely that you would be denied a visa, although the risk of that always exists.


 


I would say you should certainly still apply, although leave plenty of time before travel to do so.

Customer:

Thank you very much for the reply. Would you recommend waiting until a year has past since the arrest to apply as I have been planning? Or could I apply a little sooner and still have a chance of getting the visa granted?

Ben Jones :

a few months' difference will not really make any difference - it will only be when years have passed that the effect of this starts to reduce so you can apply at any time

Customer:

so if i was to apply perhaps march or april and took along with me bank statements to show income, savings and my ties to the UK, a character reference from my employer and presented myself well in the interview you would recommend i had a good chance of being issued the visa? i understand you cannot guarantee anything!

Ben Jones :

I would say so, yes - they know that no one is perfect so as long as you can show that this was a one off blip and not something you are likely to do again, there is no reason why they should not allow you to travel

Customer:

thanks, XXXXX XXXXX reassuring! is there anything else you would recommend for the interview?

Ben Jones :

just be honest and don't be too nervous

Ben Jones :

as mentioned a caution is a minor criminal issue

Customer:

thanks, XXXXX XXXXX it! i may come back to your in a couple of months when i decide it's time to apply!

Ben Jones :

Any time - you can always request me by name if needed

Customer:

thanks

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