US Visa waiver programme...

robb2002

.....I am not elligible for the Visa Waiver Programme as I got arrested last month. I understand that on the form you have to declare what you have, I have a caution for Arson not endangering life (silly I know), however the circumstances are not as bad as it seems.
Do you think I would be declined a visa for travelling to the USA? I have had two J-1 Visas before as I have worked with children over there and have never overstayed my welcome, I do not want this to scupper any chance of me going back as I have so many friends there.
Also I pressume working with children is out of the window too which is rather sad as this is what I wanted to do again this year and instead it has been reduced to not being able to even enter the USA.

I have a Caution and not a conviction with no other crimes in the past so surely that sounds a bit better than convictions?

I am so confused....does a caution for arson not endangering life mean I cannot work with Children even in the UK.

Please help I am so confused.

Thank you
Rob

whatusername

Unsure, i suppose only the embassy will help in this instance.

robb2002

I have looked at a list of offences and this does involve Moral Turpitude, does this therefore mean it could be harder to get a visa?
I cannot believe this, I'm so stupid and easily led :-(.
Thank you so much for your help, I really do appreciate it. It is a caution and not a conviction as I have previously stated.
I feel like this is going to follow me around like a ball and chain for the rest of my life :-(

robb2002

How can I work out the codes....I have scoured the internet but cannot find anything...sorry if I am being a pain.

omelette451

robb2002 wrote: »

I have looked at a list of offences and this does involve Moral Turpitude, does this therefore mean it could be harder to get a visa?

Could be, yes. However, my advice is to apply for a proper visa and go to the consulate for the interview: even if you're not welcome under the VWP most people seem to find they're accepted for a proper visa. I think your blemish-free previous trips (on a proper visa, too) will count in your favour. I'm not sure whether they'd allow you to work there though.

dmg24

robb2002 wrote: »

I am so confused....does a caution for arson not endangering life mean I cannot work with Children even in the UK.

I can't comment specifically on working with children, but you would have problems gaining work with elderly people. I imagine the guidelines are very similar. Sorry.

omelette451

dontdoit wrote: »

A caution for arson seems to be of no concern.

Yes but how many employers would see it that way? Rules are one thing, practice is another. Just look at the rather high proportion of employers that make getting a CRB check mandatory for all new recruits, regardless of what the job is and despite CRB guidelines saying they shouldn't unless it's necessary; the employers just consider it a standard 'safety check' in a vague attempt to cover themselves.

robb2002

My friend applied for a job as a cooking assistant and nothing showed up for hers and it was only given to her November last year.
How mandatory is a police record check, I thought there was a grey area with cautions here? A caution is not a conviction and therefore does not create a criminal record, however fingerprints and DNA are still kept on file.
So if an employer asks do I have a criminal record I should say no, if they ask do I have any convictions I should say no, is that right?
I'm so confused about the whole thing, I do believe that I will not get issued a visa for USA anyway due to this being present.

hugglette

i am under the impression that a caution is not a conviction so i am not sure you would even need to declare it. on the orlando thread in the last few pages a guy has given a name of a lawyers that does this all the time and is v reasonable apparently. maybe call them and ask?

robb2002

Thank you for all your help dontdoit. I just seem to be full of questions today. If I do get issued a visa does this mean that I would need to get issued a visa everytime I enter the US? I remember on my J-1 that I had multiple entry and I could go in and out as I pleased as long as the visa hadn't expired.
I have requested my subject access form, however where the incident occured was in a different county than my home residential address, however I do know that this will show up.

robb2002

I shall make an appointment for the Citizen's advice Bueraux and see what they have to say.