My daughter wishes to go to the States this year.
She is worried she may have problems getting a Visa, due to a couple of indiscretions when younger.
She is now 18, and when in mid 2007 was given 2 reprimands for shoplifting.
Can anyone assist advise?
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>> She is now 18, and when in mid 2007 was given 2 reprimands for shoplifting.
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>> Can anyone assist advise?
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1. Check that she meets these conditions, in particular 1.1.1.1.6 "Do any of the following apply to you?" question B
B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.
For further information refer to § 212(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2), § 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and corresponding regulations in the Code of Federal Regulations.
2. use only the official web site to apply (be very careful as there are agencies who use clever copies to make themselves seem official):
esta.cbp.dhs.gov/esta/
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...Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved...
The dictionary definition of turpitude is 'evil' and while thieving from a shop is not very nice, I don't think anyone could reasonably describe it as evil.
Daughter has two cautions, which are not convictions, but the question does say 'arrested or convicted'.
I think she passes the other conditions.
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>> The dictionary definition of turpitude is 'evil' and while thieving from a shop is not
>> very nice, I don't think anyone could reasonably describe it as evil.
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That for sure, and she now understands, and regrets her actions.
It was, I believe, at the time a call for help.. Not going into details, but that call was answered, and she has moved on.
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I dont think a caution is classed as an arrest or conviction.
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>> I dont think a caution is classed as an arrest or conviction.
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Iffy will soon tell you that you think wrong.
re. cautions for young offenders - I may be wrong, but thought they were given "reprimands", not cautions.
As for US visa, if I was OP's daughter, my answer would be "No" to the question - and it would be a true and honest reply based on my understanding of their website. The more people she seeks an opinion from, the more confused she will get.
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>> Iffy will soon tell you that you think wrong.
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to save Iffy the trouble,
www.homeoffice.gov.uk/police/powers/cautioning/
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...to save Iffy the trouble...
Thanks awfully.
Technically, I believe a person is under arrest before they accept a caution.
The point here is nobody - apart from US visa authorities - is interested in whether you've been arrested or not.
For example, I was arrested on suspicion of drink driving many years ago and taken to the police station for the CAMIC procedure - which I passed.
The fact of my arrest is really neither here nor there, nor is my taking the CAMIC test because I passed.
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...but that call was answered, and she has moved on...
Pleased to hear it, three years is a long time when you are a teenager
I see young people making their first appearance in court who are at what I would describe as a crossroads - same as your daughter.
Unhappily, many of those progress to become season ticket holders.
Your daughter has avoided conviction, which makes it much easier to put the past behind her.
She could be seen as a success for the system of cautions.
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And the bit about the age of the offender being taken into account is probably relevant here.
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Visa for the States. - John H
