I need a US visa to work for 2-3 months. My current employer will request the visa on my behalf.
I received a police caution for simple possession of a controlled class A substance in November 2013. I have not got any other cautions or convictions. Will this stop me from having a work visa approved? If yes, are there any proactive steps I can take?
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.
What was the type of drug? What was amount of the drug? And you are sure it was a caution and nothig else?
Thank you for your response. I will action your advice.
Do the immigration authority have access to my police record when processing the work visa request?
If not, do I need to disclose that I have received a police caution?
Is it routine to be interviewed by an Officer before a visa can be approved?
Relist: Answer quality.
Jonathan, what is wrong with the answer quality? I am trying to keep you out of trouble. Why can't you appreciate that? Neither the U.S. government nor the UK government is going to reveal all the data that they have access to or all their tricks, so to speak. I know what you want to do. I know you want to avoid disclosing, but how would you feel about me if I told you not to disclose because the U.S. government doesn't have access to cautions, but somehow, the officer at the visa interview is able to find that out and then denies you because you lied about it? Would you then think that my answer quality was good because I told you what you wanted to hear?
Guillermo, I was dissatisfied with the content of your answer. Please do not reference internet forums.
"The problem is that if you say nothing and it comes up.."
Could you elaborate on the above? Please could you provide an indication of risk?
What is the likelihood they will have access to my spent caution? In your experience have you seen this happen before?
What is the likelihood that if I do disclose spent caution that I will become ineligible?
Sorry this feed was closed in error.
Guillermo if you are willing to answer the remaining of my questions I would happily leave positive feedback.
Hello Jonathan. I had a feeling that had been the issue. I was almost done writing the answer below when the "opt out" notice came which meant that I wasn't allowed to respond to you anymore. I had to ask Nicole to opt me back in (thanks Nicola) and it took until now for them to do so. Sorry for delay. As to the follow-up, unfortunately, as a licensed attorney, I can never recommend that you be anything but honest on your applications. The question is very direct and forward. If it wasn't direct and forward and clear, I would say, "If they don't ask, don't tell don't disclose" because failing to disclose something that is not asked for is not lying. However, they specifically ask in the visa applications. If you want me to be specific, I will::
The risk is low, but it is a risk that I cannot advise that you take. Please re-read what I posted above because IF you do not answer honestly and IF they find out about it, it is a permanent bar for fraud or misrepresentation. Keep in mind that in the future, when you apply for perhaps a green card and maybe U.S. Citizenship in the future as well, they do deeper background checks and if they discover that you misrepresented way back when to get this visa, you could lose all your U.S. immigration benefits and similarly end up with a permanent bar plus a deportation. I've seen it happen a number of times where people are in the U.S. with green cards many years, but then apply for U.S. Citizenship to then be denied and stripped of their green cards because of some old misrepresentation to get an immigration benefit. So be careful. I tell you this because I care and don't want to see you get into trouble.
The likelihood is low, but I have seen it become an issue in the future with deeper background checks.
That's my whole point, the spent caution is NOT a conviction for U.S. immigration purposes. It is NOT going to make you ineligible. What could make you ineligible is if they believe that you are a drug addict. I already explained how to have them not think that you are.
Finally, let's say that in the unlikely event they do believe that you are an addict (which I don't see how they could think that since it will be more than 2 years since this issue and it was just one pill, etc.), there is even a waiver available under INA 212(d)(3)which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):
You can find more information here:
So first, I really think you need to be honest about this and provide certified copies of the police report and caution, and provide any other evidence that you can show good moral character and medical evidence that you have no issues. I think you would have an excellent chance of approval. Second, even if it does become an issue, you would be an excellent candidate for a 212(d)(3) waiver.
So be honest because I have every confidence that you will be ok.
Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are NOT charged again and we do NOT finish just because it says, "Rate to finish" or something like that. I will not abandon you after you rate me positively if you have additional questions. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you for your understanding!
Thank you very much Sir. Brilliant service.