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orlando holiday with a police caution

kent
6 posts
orlando holiday with a police caution
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after reading all the topics on here i am still confused and worried. In feb i hit my ex husbands girlfriend and got arrested and cautioned for it. I have no criminal record and have rang virgin atlantic and the holiday company i have booked through, who both tell me i do not need to apply for a visa. Even though they have told me this i am still worried as i am going on 5th november and have had a horrible year where every thing has gone wrong.

Can someone please put my mind at rest.

West Yorks
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85 posts
1. Re: orlando holiday with a police caution
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if it was only a caution you will be fine.

someone else a while back asked pretty much the same question.

as you haven't got a criminal record they won't even know i don't think

its absolutely nothing to worry about

so go ahead and enjoy your holiday!

Newcastle, United...
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443 posts
9 reviews
6 helpful votes
2. Re: orlando holiday with a police caution
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If your ex-husbands current squeeze works for US homeland security then you may have a problem. Otherwise, if you don't tell em' then I wont.

kent
6 posts
3. Re: orlando holiday with a police caution
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has sort of put my mind at rest, so when i fill out the form on the plane will it ask if i have been arrested or just if i have a criminal record?

Newcastle, United...
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443 posts
9 reviews
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4. Re: orlando holiday with a police caution
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To be honest it all depends on how paranoid you are! If you were only cautioned and not formally charged I would be very surprised if you appear on any dangerous persons list that the FBI, CIA, Homeland Security or Uncle Walt possess. Therefore, if you say nothing about your dislike to your ex's harem it is highly unlikely that any of those organisations would have the slightest interest. Personaly I would keep this to myself, smile sweetly at the immigration officer and try to avoid any obvious body language signs (if you sweat profusely just tell them its in anticipation of the searing temperatures that you are sure are awaiting you outside the building!

key west
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6,101 posts
1 review
1 helpful vote
5. Re: orlando holiday with a police caution
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If they give you any grief, just hit them, Ms. Ali.

Edinburgh, United...
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707 posts
141 reviews
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6. Re: orlando holiday with a police caution
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A police caution is not a conviction but an acceptance of guilt to a minor offence by you. Technically, it is recorded should you offend in the future.

A visa waiver form asks if you have ever been convicted of a crime of moral turpitide which is anything from theft and minor assault to murder - all of which require intent on your part.

If you have ben convicted, you should mark the box on the visa waiver as yes then you will get interogated by an Immigration officer.

The advice given by the US embassy in relation to applying for a visa for a criminal convictions is a blanket piece of advice to prevent delays once you are in the US . If these are admitted on entry, the DoHS officer has to make enquiry into the admission, which is a lengthy process to ensure that entry should not be refused and that you meet the exceptions to refusal. Hence the Embassy prefer you to go there and geta visa as they do all the checks beforehand.

The law comes from the -

Immigration and Nationality Act, 8 U.S.C. 1001 Section 212 c (A) i 1 and the exceptions to are -

For drugs related offences - no entry, never ever if you admit dealing / trafficking not simple possession or none of our pop stars would ever get in.

For moral turpitude the exceptions are -

1. If the crime was committed when you were under 18 and 5 or more years before trying to enter the US.

2. If over 18, the maximum sentence was 1 year and you were sentenced to 6 months or less.

So, the bottom line is this. You are exempt from requiring a visa as you were never convicted of anything, tick the box on the visa waiver form where it asks if you have ever been convicted of a crime of moral turpitude as 'no'.

Kent, UK
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279 posts
10 reviews
60 helpful votes
7. Re: orlando holiday with a police caution
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If you are still worried, you can write to Kent Police and ask them for a copy of your file. When we did one for my husband (4 yrs ago) it cost £10. If you ring them first and explain your query they put you through the correct department. You then get a letter from them showing what shows up on the Police National Computer ... convictions only I believe. Whenever we go to the US, I always carry the letter in with my passports. Have never shown the letter, but it clearly shows that my husband is clear so to speak and for me its peace of mind. You'll need to act quickly if you are going to go down this route. Good luck, but try not to worry

kent
6 posts
8. Re: orlando holiday with a police caution
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thanks for advice has put mind at rest and hopefully will not look too suspicious when going through airport and be able to have good hol!!!

Liverpool, England
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2,415 posts
624 reviews
521 helpful votes
9. Re: orlando holiday with a police caution
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Unfortunately, it's not just a conviction that counts...if you were arrested and it did not lead to a conviction (including a caution) you still need a visa.

As you have been arrested, you need a visa.

Liverpool, England
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2,415 posts
624 reviews
521 helpful votes
10. Re: orlando holiday with a police caution
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PS This from the US Embassy website

Important: Some travelers may not be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.

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