US Visa waiver programme...

robb2002

Wow, this post has got a whole lot more interesting. I just don't know what to do, I somehow feel doomed since this has happened and get really nervous when I see a police car even though I haven't done anything wrong since :-(. It's my own silly fault, I'm trying to think positive but then these negative thoughts enter my head and take over.
It doesn't help that a caution is obviously 'an admission of guilt' and therefore it could be seen as a convictionto the US embassy.
My mind is working overdrive. I called the company and they said I could apply to work with children in US but it is up to the embassy wether or not to issue a visa, although this seems very unlikely. I suppose that having two working visas in the past will go in my favour???
If I apply for a visa now even though I plan to travel next year surely that would be better knowing now instead of waiting and then being disappointed later on, at least then I know I can move on with my life.
So confused :-(

omelette451

robb2002 wrote: »

My mind is working overdrive. I called the company and they said I could apply to work with children in US but it is up to the embassy wether or not to issue a visa, although this seems very unlikely. I suppose that having two working visas in the past will go in my favour???
If I apply for a visa now even though I plan to travel next year surely that would be better knowing now instead of waiting and then being disappointed later on, at least then I know I can move on with my life.

Ah, that perhaps complicates things. I didn't know you were applying to work this time, I thought you were just going for a visit, and I'm afraid I just don't know what the US authorities' policies are on this. I suspect no one else here does either. I suggest you make the appointment and go as soon as you can: as you said, at least that way you'll know and can move on. Theoretically there's no reason to assume they'll say no, so just do it. If the company is still keen for you to work with them, perhaps they can write you a supporting letter you can take with you to the interview? And the two previous working visas will definitely count in your favour.

robb2002

Well that's just a possibility, I really do need to visit friends and family over there and the problem is, if I don't get in I'll have to fess up to the family which will be rather embaressing.
I also have a letter from 2008 which says I am 'a shining example of a good employee who can use initiative when dealing with issues regarding children's welfare.' I should perhaps take that with me?
I plan to visit next year and work probably the year after, however I don't want to explain the whole sitatuation to the association for employment as I think even they would be reluctant to take me on again.
I just don't know whether to leave it a little longer and apply for when I need it or apply now and see if I get denied.
Can anybody tell how confused I am?
Thanks for your help though.

Cherry1

Mate, you seem so strung up over this you might just panic and say something silly.
Bottom line is, they're either going to grant you what you want or not. So, as you seem to have learnt your lesson from your brush with the law, be honest but don't give them the rope to hang you!

Stick to facts cos that's all they're interested in. It's not down to you to decide if a caution is a nono, they will already be clear on that. If you sit squirming and fessing up they may think there's more to it!
So, deep breath, stick to the facts and be professional and polite at interview. Good luck.

omelette451

robb2002 wrote: »

I also have a letter from 2008 which says I am 'a shining example of a good employee who can use initiative when dealing with issues regarding children's welfare.' I should perhaps take that with me?

Absolutely, but it you can get a more recent one (post-offence) to go with it it'll be even better.

I agree wholeheartedly with everything cherry said - take it easy, take a deep breath, and give it your best shot. Don't hide anything, but equally make it perfectly clear nothing like it will ever happen again. I'd make the appointment soon - there's a four-week waiting list as it is, and if you keep putting it off you'll go crazy. At least this way you'll know once and for all, and if it doesn't work out you can definitely ask them when they're likely to change their minds - after all, they won't ban you forever just for that one offence.

Marty_J

Good character references, or previous visas, won't matter. All that matters is US law. You can be the greatest person in the world, but if you're inadmissible, you're inadmissible.

I've just remembered something though; according to the Immigration and Nationality Act, if you have been convicted of a crime involving moral turpitude, it doesn't render you inadmissible if the maximum penalty possible for the crime was less than one year in prison, and it is the only offence you have been convicted of.

You need to look up what you were charged with in the sentencing guidelines. From what I can see, if tried summarily (i.e. in a magistrate's court) for arson, the maximum penalty is 6 months in prison.

So that being the case, it shouldn't render you inadmissible, and shouldn't stop you getting a visa. This is just my reading of the law though; all that matters is what the consular officer thinks.

PolishBigSpender

Marty_J wrote: »

EU countries don't even share their police records with one another as a matter of course, and that would be a whole lot easier with regard to data protection that sharing with the US.

They do to a certain extent - Schengen has facilitated that. I'm not certain as to the scope of Schengen, but I believe that it generally consists of a list of people that aren't wanted in Schengen, combined with a list of people that are wanted somewhere in the Schengen zone.

robb2002

Yes, I will definately need legal advice if not help about this one. I still keep worrying about it, but I wouldn't be going for another year and a lot can happen in a year, I might not even need to go.
I might try Canada if they'll have me, I sound like sloppy seconds now :-(

quickstepqueen

Hi robb2002

Just wanted to say i can understand how anxious you are feeling about all of this. However, I would suggest as others have done, to get some proper advice as soon as possible. You seem to be using so much energy up worrying about it The sooner you get the advice the better, that way you know exactly where you stand. Book an appt (either with CAB who may be able to refer you to a local solicitors for a free half hour consultation, or whoever is more appropriate e.g. consulate) and then don't worry until that appt arrives. Why waste that energy worrying......it won't give you any answers (Just make you stressed out and tired probably. )

Then attend your appt with honesty and courtesy and take it from there. Once you have some advice you can take it from there. Would you let us know how you get on robb2002? Good luck.
qsq x

Marty_J

dontdoit wrote: »

Unfortuantely, Petty Offenses wouldn't apply here as the maximum sentence in the US is 25 years! (Some US crimes have massive sentences compared to similar in the UK.)

It isn't the maximum possible in the UK, its the maximum possible in the US - and if the crime was committed outside the US is compared with the district of columbia code. You also can't have served more than 6 months in jail.

Well that being the case, it really depends what the OP did. If he tried to "maliciously destroy any movable property not his own", and it had a value of less than $200, the maximum penalty is a fine of up to $1000 and/or 180 days prison.

If he tried to "maliciously burn or set fire to any fences, woods, stacks of hay, grain, or straw, or growing crops", then the maximum penalty is 30 days imprisonment and/or a fine of up to $500.

http://fems.dc.gov/fems/lib/fems/pdf/bull._71_criminal_offenses.pdf

We're all just guessing here as we don't know the full facts, so while all may not be lost, the OP really does need a lawyer with experience of US immigration.