How Does a UK Police Caution Affect a US Visa Application? | US Immigration & Visa Lawyer London

Описание: US visa and immigration lawyer, Kyle Barella, explores how receiving a UK Police Caution affects a US visa application before the US Embassy in London.

Despite not being considered a conviction under UK law, receiving a Police Caution can significantly impact your ability to travel to the United States and receive a visa to the USA.

Because being issued a Police Caution requires the receiver to admit to the conduct in exchange for not being prosecuted, for purposes of US immigration law, this can amount to an admission of guilt.

For example, if you received a Police Caution for possession of cannabis in 2023, a US consular officer would find you inadmissible for a US visa due to a violation of a controlled substance law. This is a permanent inadmissibility, which would bar you from entering the United States or obtaining a visa unless you were recommended for, and received, an approved Waiver of Inadmissibility.

While UK Police Cautions can impact both nonimmigrant and immigrant visa applications, those applying for a Green Card to the US have more to lose.
Why? Let's say if instead of receiving a Caution for cannabis, you received a Caution for possession of cocaine; you would still be determined inadmissible for a controlled substance violation. Nevertheless, while a nonimmigrant visa waiver is available, there is no immigrant visa waiver for a controlled substance violation for cocaine.

Therefore, an immigrant visa applicant with a Caution for cocaine would likely not be eligible to immigrate to the USA.

To learn more about how a UK Police Caution can affect your ability to obtain a visa to the US, contact our US admissibility and visa lawyer to arrange a confidential consultation.