American Vias

sturll

dmg24 wrote: »

Not nice sturll, not nice at all. I can't believe that there is one of us that has not been dishonest at some point - that does not make us inherently dishonest.

loonygooner, good on you for facing up to what you have done. Nobody knows what would happen if you tried to enter the US without declaring your previous caution, but I think you are being responsible in eliminating that risk.

More information on visa applications here.

In retrospect you are right.

I took it as the op lecturing me on honesty.

In hindsight it is admirable the OP has changed his ways.

sturll

loonygooner wrote: »

Thanks for the obvious words and I do realise that one occurance has left me with that distinction and I will live with that guilt for the rest of my life.
I am sure that your 'kind' words mean that you have never had the painful experience of living with a person you love so much, suffering and having 14 months without a full nights sleep, looking after 2x year old girls and 1 x 2 year old boy and also have to hold down a job as my wife could not work.

Dishonest? I know I have let myself down but surely you advice to "Tick no, smile and walk right in.", is advising me to be dishonest....think about it!

Please accept my apologies.

You must determine whether what you was convicted of involves moral turpitude.

See here for a list of what does and what does not:

http://en.wikipedia.org/wiki/Moral_turpitude

I am actually a lawyer and although i don't deal with Criminal it is something i do have knowledge of. Since MT is an American policy it is often difficult to ascertain whether a crime committed here does or does not, particularly in regards to Theft. Being a drunk driver does not exempt you from the VWP but Theft may.

The Eligibility criteria ask the following:

Have you ever have been convicted of (or officially admitted) an offense or crime involving moral turpitude

Lets break it down for you.

You were cautioned for Theft which means you were never convicted. There is a difference which can be found here:

http://www.yourrights.org.uk/faqs/criminal-records/is-a-caution-in-a-criminal-record.shtml

I would say that with honesty you could apply to enter the US under the VWP and since the VWP only 'advises' people who have been arrested this does not exempt you. Again i reiterate the TSA have no way of knowing.
Look forward to what is an amazing place.

stephb34

Quote "I am actually a lawyer and although i don't deal with Criminal it is something i do have knowledge of".

Thanks for sharing that with us i have wondered for a while what you did in life, as a lot of the posters you can tell from their replies what they actually do for a living. I was tempted to ask but wasn't sure if you'd tell me not too be so nosey.
P.s that is a genuine thanks and not a sarcastic reply lol.

sturll

stephb34 wrote: »

Quote "I am actually a lawyer and although i don't deal with Criminal it is something i do have knowledge of".

Thanks for sharing that with us i have wondered for a while what you did in life, as a lot of the posters you can tell from their replies what they actually do for a living. I was tempted to ask but wasn't sure if you'd tell me not too be so nosey.
P.s that is a genuine thanks and not a sarcastic reply lol.

No problem, id like to think i was approachable and that you could have asked.

Since being a Lawyer is a huge area ill clarify that its actually Private Equity that i work in - not always, i did my training contract in Family Law but the money was poor and often you would find you were bogged down with cases which were essentially a he said she said situation and very rarely anything other than one party trying to get one over on the other.

GAVIND_3

Hi, Disney with my family
I have done the visa thing due to a driving conviction(due care and attention).Only because my honesty got the better of me and some wrong advise from people about visas being needed. I got a 10year visa and when i entered the U.S.,the immigration asked me how i got a Visa,i explained and he replied shaking his head,"You dont need one for that,the US embassy is strapped for cash in the uk,the only good thing is you can stay for 6months your family go home in 2 weeks".I paid flights from scotland to get to London,visa costs,a day off work and stressing out over "will i get a visa,if not our holiday is off".In my case it turned out to be a waste of time as the immigration guy had said to me .You have to go now but in hindsight i wouldn't have bothered.
Good luck anyway

loonygooner

sturll wrote: »

In retrospect you are right.

I took it as the op lecturing me on honesty.

In hindsight it is admirable the OP has changed his ways.

I think that one thing all this has taught me is that 'everyone' can never say they will 'never' do anything dishonest. I believed that I was a "honest' person but circumtances caused me to break the law.
I hope that many others may realise that no one is safe and it is only good luck (or bad in my case) that creates a circumstance from happening and a cry for help.
P.s My wife is well now although I can still see her worry of going down that dark road again. The kids are well and very busy and I have not felt like doing it again as i nearly lost family, job and like of myself that day.
Thanks god for the psychiatrist and Marraige guidance, they were both a great help.
Some of the kind words here are also of comfort, thanks.

loonygooner

sturll wrote: »

Please accept my apologies.

You must determine whether what you was convicted of involves moral turpitude.

See here for a list of what does and what does not:

http://en.wikipedia.org/wiki/Moral_turpitude

I am actually a lawyer and although i don't deal with Criminal it is something i do have knowledge of. Since MT is an American policy it is often difficult to ascertain whether a crime committed here does or does not, particularly in regards to Theft. Being a drunk driver does not exempt you from the VWP but Theft may.

The Eligibility criteria ask the following:

Have you ever have been convicted of (or officially admitted) an offense or crime involving moral turpitude

Lets break it down for you.

You were cautioned for Theft which means you were never convicted. There is a difference which can be found here:

http://www.yourrights.org.uk/faqs/criminal-records/is-a-caution-in-a-criminal-record.shtml

I would say that with honesty you could apply to enter the US under the VWP and since the VWP only 'advises' people who have been arrested this does not exempt you. Again i reiterate the TSA have no way of knowing.
Look forward to what is an amazing place.

Apology accepted with great thanks and also info given, I suppose that it comes down to he person on the other side of the window at the Embassy.
Fingers crossed.

loonygooner

GAVIND wrote: »

Hi, Disney with my family
I have done the visa thing due to a driving conviction(due care and attention).Only because my honesty got the better of me and some wrong advise from people about visas being needed. I got a 10year visa and when i entered the U.S.,the immigration asked me how i got a Visa,i explained and he replied shaking his head,"You dont need one for that,the US embassy is strapped for cash in the uk,the only good thing is you can stay for 6months your family go home in 2 weeks".I paid flights from scotland to get to London,visa costs,a day off work and stressing out over "will i get a visa,if not our holiday is off".In my case it turned out to be a waste of time as the immigration guy had said to me .You have to go now but in hindsight i wouldn't have bothered.
Good luck anyway

Thanks for the words although my 'Theft' is probably going to be of more concern that driving offences I am afraid. The whole interview seems to be a rather unpleasant experience judging by what people have said and it is till 6 weeks away. Wish it was tomorrow and I would be lying if I didn't say that I thought of just ticking 'No' to the 'Have you ever been arrested' question..

virgo149

dzug1 wrote: »

The caution will count against you - it's effectively a conviction for theft, a crime of moral turpitude.

A caution is NOT a conviction. You were caught for an offence which you admitted and were offered a caution (very common for a first offence of say a minor shoplifting offence). This will only be raised again if you are re-arrested for a similar offence and may be taken into consideration when deciding what course of action is to be taken.

I have absolutely no idea as to how cautions apply to visa rules but you do not have a conviction for theft - so I guess you are free to state so. It is not any easy opt out - if you did the same again, you would be prosecuted.

Sorry, but just wanted to put this record straight. As a retired police officer I feel I am slightly qualified to comment. Hope this helps!

luci

I think you should complete the Visa Waiver Wizard on the US Embassy website to see whether it says you should apply for a visa, assuming you haven't done it already.

Perhaps you don't need one if it was only a caution and not a conviction. Then you could cancel your visa appointment.

Whatever happens, let us know how you get on.