I received a police caution in 2016 will this stop me

Travel Forums North America I received a police caution in 2016 will this stop me

1. Posted by Badad08 (First Time Poster 1 posts) 4w Star this if you like it!

So basically as the title says I received a police caution in 2016 for threats to kill, which resulted in a caution and nothing else. The situation is self is more of a human reaction and bad choice of words then an actual serious offence even tho it’s still a severe offence.
So basically my mum had to take the dogs that were still living at home after she left to move in with another man, over the course of a week she was contacting me stating one minute she would keep the dogs then next she wouldn’t causing me distress and as I suffer with adhd and autism my dog was life so it was really hurting me. ( not an excuse before someone says so) so one day she stated she would put the dogs outside in freezing cold temperatures, so in the heat of the moment I stated if she killed my dogs I would kill her, a moment that was fuelled by a spate of the moment comment and not thinking mixed with the already hightend state of distress already caused by the week
The police officer who was interviewing me understood and even sympathised with me over the issue
I believe other parts of the relationship between me and my mum were taken into account the fact that there was safeguarding issues surround her for years of abuse from when I was younger.

Now I’ve explained the situation, would this stop me getting a b2 visa basically I am travelling to visit my girlfriend to hopefully propose ( would have been back last year we met but Covid and what not stopped that)
So would be travelling on a b2 visa this time and then when returning to the uk we will be filing for a k2 visa etc
Any and all support will be very helpful

2. Posted by leics2 (Travel Guru 2724 posts) 4w Star this if you like it!

> would this stop me getting a b2 visa

No-one here or anywhere else can give you a definite 'yes' or 'no' answer to that question. All US visa applications are dealt with on an individual basis and decisions are made taking into account all the details of the applicant (e.g. financial situation, employment, criminal record, reason for visiting the US, compelling reasons to return to the UK, how the applicant behaves and appears at interview etc etc).

First of all, you are doing absolutely the right thing by applying for a visa rather than lying on the ESTA application.

You say you were given a police caution so I assume you were formally arrested? You should be aware that when you accept a police caution you legally acknowledge that you are guilty of the relevant offence.

You don't say how old you were at the time of the offence, something which is very relevant. But it took place 6/7 years ago and did not result in a court appearance or a sentence. Both of those points are to your advantage.

The US has a (rather vague) legal concept called 'moral turpitude'. If you are guilty of a crime involving moral turpitude (CIMT) you are ineligible for any US visa unless you are recommended for and are granted a 'waiver of ineligibility'. The UK and US legal systems are very different so the officer who interviews you needs to decide whether the US equivalent to your offence under UK law is a CIMT (I suspect it may be, though I am neither a US legal expert nor a visa lawyaer). If he/she considers it a CIMT he/she will then decide whether to recommend you for a waiver.

If the interviewing officer does decide your offence is a CIMT I'm pretty sure that, assuming that everything else is ok, you will be recommended for a waiver. Note that being granted a waiver does not automatically mean you'll get the usual 10-year visa: you can be given a visa for one, two or any number of years less than 10.

Unfortunately, being recommended for a waiver substantially slows down the visa process. The London US Embassy suggests a timescale of 6-8 months for waiver processing to be completed, the Belfast US Consulate 3-4 months but Covid will have created a substantial backlog of visa applications so processing might take even longer.

I suggest you make your visa application as soon as you possibly can, even if you don't anticipate travelling to the US until 2022. When you attend your interview make sure you look smart (smart casual is fine), remain polite and courteous throughout and answer all questions honestly. Officers are trained to read body language and will certainly know if you're lying or being evasive. If you intend to apply for a K1 (fiancee) visa in future it's even more important that you're absolutely straight with the officer.

I wish you the best of luck with your application. :-)