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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Will USA immigration have access to my simple caution?

Resolved Question:

Will USA immigration have access to my simple caution?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What was it for please?

Customer: Will us immigration know about my uk caution as I go through passport control?
Alex Watts :

Yes I have asked what the caution is for please?

Customer: Oh right, it's for possession of class a drug.
Alex Watts :

Ok - as you know in theory you should declare it, because you are asked on the ESTA have you ever been arrested for a drug offence

Alex Watts :

The USA does not have access as of right to UK convictions or cautions

Alex Watts :

Therefore they do rely on you declaring them

Alex Watts :

Clearly as a lawyer I can not tell you to lie

Alex Watts :

But it is very unlikely they would have any record of an offence of this simple nature, let alone a caution

Alex Watts :

So no, they are not likely to have access to your caution

Alex Watts :

Thousands of people fail to declare cautions and convictions every year

Alex Watts :

But I can't tell you to lie of course!

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Ok thanks for your help, you hear so many conflicting things in forums
Customer: no that's great, thanks for your help
Alex Watts :

Yes of course

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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