Travelling to US with caution for class A posession...

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bigwilko | 15:36 Mon 04th Feb 2008 | Travel
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I have read with interest the many answers regarding travelling to the US with criminal convictions , and have noted in the answers that the US authorities have no per se access to UK records under EU law .... However in the answers to this question 416096.html I note that some details of Class A drugs offences could be possibly fall into the "justifiable cause" category for being passed on. I have a caution (not conviction) for posession of class A, and was wondering whether anyone had any opinions on the likelihood of this arising as a problem if i forgot about it on the green visa waiver form I-94W on the plane I guess the reason this question comes up so frequently, is nerves, and i apologise in advance if this has been covered elsewhere, but all the other answers i have read seem to pertain to convictions rather than cautions. any ideas ??.... thanks in advance mark


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A caution, per se, doesn't require anyone to obtain a visa for the USA. However, the arrest which almost certainly preceded the caution does mean that you're meant to apply for a visa.

Since I posted that answer which you've linked to, someone has posted here on AB to say that they've entered the USA, with an undeclared conviction for the possession of class A drugs, without any problems. So it's likely that you'd get in without difficulty.

However, if you're the nervous type, you should be aware of this which appeared in The Independent on Saturday:
"The treatment meted out by US Immigration to so many visitors these days is shocking. Perfectly innocent people are effectively locked up for hours on end and humiliated in the name of security. . . . .In my few trips to the States I have been fortunate to pass through immigration without anything worse than having to stand in lengthy and slow-moving queues, but each time I have seen fellow passengers being hauled off, yelled at and questioned aggressively".

Not being eligible for the visa waiver, and having little or no chance of geting a visa, are you asking the likelihood of you lying on the Visa Waiver form, and getting in?

Question Author
what i was asking was , that if i "forgot" to mention it on the waiver form, what the likelihood would be of the US immigration authorities discovering my "forgetfulness" ??
I'm beginning to wonder if it depends on where you enter the us,in all the answers that I have read nobody can say for sure where of if the us are able to obtain information on our criminal records-I've even asked the police and they couldn't tell me!If only someone could say for sure it would solve alot of problems,especially as a third of the uk are supposed to have some kind of conviction.I only know of 1 person who had a problem getting in but know of loads that have lied with no problem
So what I wrote was correct then.

I can't tell you, nobody can. You might get away with it, but remember with US justice if they catch you, your feet won't touch the ground, and you'll certainly never get into the US again.

I travelled to US and ticked the box to say I'd been arrested (was cautioned) and honesty is the best policy (apparently!). When I got to customs nearly got through but then he noticed I'd ticked yes to being arrested. I was taken to the imigration area and had to wait an hour or so, when it got to my passport they asked about what I'd done (played it down a little here) so I said I was cautioned. He asked if I'd been hand cuffed which I hadn't and then stamped my passport and let me in!
I don't know if I was lucky that time so haven't been back! Think I would probably apply for a visa in future as I have admitted to being arrested and they probably keep that information somewhere and it will save the nerves! However not sure if I would have admitted if I'd known how easily I could have got through!

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