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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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I was arrested a month ago whilst at University after a

Customer Question

I was arrested a month ago whilst at University after a drunken night. I cause damage to the glass cabinet of a burger van which I regret about. I was arrested and given a conditional caution - which we obliged and paid the fine immediately. Currently I'm looking forward for a cruise crew member job and for that I need to take visa for the United stated. But I'm just wondering what I should answer for the question "Hve you ever been arrested or convicted for any offence or crime, even though subject of a pardon, amnesty, or other similar action? Should I say yes or no for this question? and how likely is it to get my visa application seccessful?
Also I am a citizen of India doing University in the Uk. So is it like if I apply from India I dont have to mention about it as I dont have any issues in my name in India. And will that be a problem if I apply in here. Which is a better option for me?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You have to answer truthfully and you have indeed been arrested. There is no way around it. The questions is perfectly clear and the answer is that you have.
It is quite unlikely that you would be refused a visa on this basis. This is a low level criminal damage whilst in drink and you received a conditional caution which would be spent when the condition is complied with.
You may as well apply from here. It is not likely to have an adverse impact unless you answer untruthfully and they find out about it.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
And also I'm applying for Masters degree as well in Australia and there is a question and it goes like
"Have you ever been convicted of an offence in any country?"
As I just got a conditional caution which I have paid and I could see from the internet that a conditional caution is not a conviction. So should I say a yes or no to this?
Thanks
Expert:  Jo C. replied 1 year ago.
No, you don't have a conviction.
This is a conditional caution which is different entirely.
Customer: replied 1 year ago.
What if the question is like "Have you ever committed, been arrested or charged with any criminal offence in any country?"
How can I give an answer which is likely to favour my application?
Customer: replied 1 year ago.
Also if I apply from India to the US, as I have no bad remark on me in India and I will get a police clearance certificate. Should I need to mention anything which happened to me in the UK? Don't want to lie either but I have no cautions or convictions or anything against me in my home country so should I have to mention about it or just leave it like that.Thanks
Customer: replied 1 year ago.
I hope I will get an reply for this question as well?
Expert:  Jo C. replied 1 year ago.
You would have to answer truthfully and you have been arrested.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks very muchIt was really helpful.
Expert:  Jo C. replied 1 year ago.
No problem.
All the best.

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