GETTING INTO AMERICA WITH A POLICE CAUTION

Frequently asked question about UK Police Cautions and Reprimands

Can I enter the US if I  have a Police Caution or Reprimand?

The short answer is – it depends

People with certain criminal records cannot enter the US.

If you have a criminal record you may be ineligible to travel to the US. If you have a criminal record for a crime of moral turpitude (CIMT) or certain drug offences, you may be considered inadmissible to the US.

In some cases, you may be eligible to apply for a waiver of your inadmissibility to the US.

It is important to speak to a U.S Immigration lawyer in UK if you have a UK conviction or record, to provide and advice on whether your crime will count as a CIMT or whether there is a waiver available for your offence. There are no waivers for many drug offences

Many people ask about getting into America with a caution

Is a police caution or reprimand a criminal conviction or criminal record?

UK cautions and reprimand are not considered “convictions” for the purpose of U.S. immigration laws, but they can still prevent you from entering the U.S

A police caution or criminal record can prevent you from entering the US because an admission to an offence can be considered in US immigration law even if you were not convicted.  So, if you have been arrested for an offence that make you ineligible to the US, you may be denied entry even if you were not convicted for that offence. I know,  it sounds harsh.

Police cautions and reprimands are usually treated as an admission to the offence , because it is usually the case the you would have only been given the caution after you have admitted to the offence.

 

Thanks to the case of Stratton, R (on the application of) v Thames Valley Police [2013] EWHC 1561 (Admin) (07 June 2013)  there is hope for those who received their cautions prior to July 10, 2008.

 

If you have a police caution or reprimands that predates  July 10, 2008

It is now settled that police cautions or reprimands that was issued before the 10th of July 2008 is not considered an admission of guilt.  Because many of these cautions where issued without legal advice or without actual admission.

However, you must disclose all cautions for CIMTs and controlled drug offenses to the U.S Embassy, regardless of the date you got this caution.

Hence, you can still be stopped from getting into America with a caution issued before July 10 2008 because you may inadvertently admit the offence at a visa interview.  You should always seek the assistance of a US Immigration Lawyer in UK to assist you and provide advice.

In some cases , you may be able to remove the police caution from your record.

 

Contact our U.S.Immigration Lawyer in UK on  0151 650 6480 or in US on  310 943 6352