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10

The odds are that the US doesn't know about your crime of moral turpitude, so - apart from not going to the US - the best option is to lie and admit to nothing when you fill in ESTA & the Visa Waiver.

If you apply for a visa then the odds are that you will be refused it unless the criminal record check doesn't show the offence (and you don't mention it).

It might help if you have some minor crime - like beating someone senseless - on your criminal record just in case the embassy asks why you applied for a visa

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11

The odds are that the US doesn't know about your crime of moral turpitude

Given the new data sharing agreements, it is likely they could know about a drug arrest.

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12

If you follow the advice in #11 and get turned back, then what? An immigration attorney's consultation (to get advice about both the U.S. and Australian situations) would cost $ but might be worth the cost. Your trip, your risk.

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13

Hello,

Seven years ago, like you I made exactly the same mistake and also received a caution for the same offence. Like you lessons were learned, however consequencies from this have reared their head from time to time. A week ago, I was supposed to go to America, and the caution did not cross my mind until a few days prior to going when I read the visa waiver. I did not want to lie and ticked that I had at one time been arrested and the travel was therfore not authorized. I spent about £20 in a 5 minute conversation with the american embassy in london, who informed me of the following:
- I would need to pay a fee during that first phone call if I wanted to proceed (can't remember exactly how much but about £80
- I would need to go through a screening process

- It would then take about 5 days for an interview to be arranged at the london embassy
- I would need a police certificate from the last 6-months which I would need to apply for. (not sure which kind, but you probably know that the caution would only show up on an enhanced disclosure. Incidently, the caution will remain on there for 10 years, and then you can apply to have it removed - another piece of information that I found hard to find out!)
- there is then a period of time of up to 8 weeks where the decision is made about whether or not to allow you entry. She could not tell me the chances of being approved or not and as yet I do not know anyone in this position apart from you. She assured me that the process would take 2 weeks minimum even if rushed through.

I was later told by a company dealing with fast track visa's that I should not have ticked yes as I was not charged with an offence. I strongly believe though that lying at that stage and potentially deported could be a far worse consequence.

Obviously I had to bail on the trip... Good luck with it all. I'm sure there are many in our position!

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14

Hello to all.

I have recently been granted a US tourist visa from the embassy in London. I had to apply for a visa because I had 2 cautions for possessing class c drug around 4-5 years ago.

Hopefully this post will help answer any of your questions. 'Cartonblue' is correct in what he/she posted so ill try not to repeat.

I had already paid for my trip before realising that I needed a visa. This is the process I followed including costs.

  • Applied for police certificate from ACPO - £70 4 day responce. (£35 one can take 12 days)

  • Phoned embassy to book appointment (£15 phone charge) where I was instructed to scan certificate and completed VCU 1 form and email across for them to approve.

  • Received email confirming approval. I then had to phone embassy again (£10 phone charge) to book appointment (£85) using only visa or mastercard. I managed to get an appointment for 7 days later.

  • Travelled to embassy complete with necessary forms. Booking confirmation, VCU1 form, police certificate, passport, DS-156 form, DS-157 form, flight details, bank statements.

  • Sat and waited for my number to be called before approaching kiosk and handing over forms. Sat back down and waited to be called to another kiosk. Here I discussed my cautions, reasons for visit etc with an official. She confirmed then that I had been approved for a visa (which was a great relief). As my case didnt need referring and was confirmed on the day I recieved my passport back 3 days later complete with visa (£15).

Total cost then = £195 + travel costs and day off work.
Total time from start to finish = 23 days.

I would recommend that if you do have a caution that you declare it and apply for a visa. It will cost some time and money but if you allow for this when planning your trip it will make your trip more enjoyable as you wont be stressing about getting into the country.

Like I said previously, I hope this has helped you but if you have anymore q's just post them and ill try to answer.

Enjoy your hols people.

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15

#10

A belated reply - but yes that IS a hard question. When you are on the phone you can never be sure that the candidate hasn't - inadvertently or deliberately - left something out that would affect the answer. If he's committed everything to a form you have the chance to study it and maybe even check up on the answers.

#14

I was later told by a company dealing with fast track visa's that I should not have ticked yes as I was not charged with an offence. I strongly believe though that lying at that stage and potentially deported could be a far worse consequence.

I'm not sure of their reasoning. If you accept a caution as I understand it you are admitting that you committed and were guilty of the relevant offence.

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