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Conviction or no conviction? Applying for a Visa

Laura — Sat, 07 Jan 2023 01:22:13 GMT

Hi everyone

I’m a little bit confused and extremely nervous.
I am in the process of emigrating to the USA with my husband.
I was interviewed under caution back in 2019 - no further action was taken and that was the last I heard of anything.
I suppose my question is will this show up on an ACRO report?
Anyone been in this similar situation?
This information doesn’t show on my enhanced DBS check.
Just trying to get ahead of myself here, I’ve done my best to block it out until now.

Any information would be really helpful
Thanks

RE: Conviction or no conviction? Applying for a Visa

AB2014 — Sat, 07 Jan 2023 01:22:13 GMT

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[b]Ify78 - 3 Jan 23 6:54 PM[/b]

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[b]JASB - 3 Jan 23 3:55 PM[/b]

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[b]Ify78 - 3 Jan 23 11:54 AM[/b]

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[b]Laura - 5 Dec 22 11:38 AM[/b]

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Hi Laura

I went through a non immigrant visa application and just got my visa after 4 months.
Once you get the AcRO certificate back depending on what the status shows, since the stepping down it may not be listed for example if it says No Live Traces that means there is a historic event so the embassy will want to see evidence of this.
The only other piece of information you can access to really know if this will show up is to make a Subject Access Request by sending an email to subjectaccess@acro.police.uk or via their website https://www.acro.police.uk/Subject-access-(1)

It took about 15 days from sending the email to receiving the completed
This will give you all information held on the Police National Computer. This will give you the reassurance of knowing what is recorded allowing you to prepare the appropriate way forward.
Hopefully it won’t be there.

I hope this information helps you with your current situation.

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Hi
Many thanks for this and just submitted my request. Very quick and easy process. Was worried about it being delivered by post but saw email is a valid option :)

Been meaning to do this for some time so again thanks for the reminder.

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Hi Laura
I know what you mean about receiving that information in the post. My background is a secret I will be taking to my grave as my wife or kids don’t know about my record from before I got married.
So getting by email was a relief for me.

Wishing you all the best with this process it really is not easy as the information on the US embassy website is not simple or clear and can be interpreted in anyway… as I came to learn when my visa was refused at the embassy in London and had to be sent to Department of Homeland Security for a Visa Waiver. I am glad I had already received the SAR and was able to provide this to them saving time after that point.

From what you say about the caution even if it does show that seems minor enough for it not to cause any issues for you. So it’s better to know what is on record before you apply, so you can answer with the knowledge there is nothing to worry about.

Best wishes.

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Don't forget that Laura wasn't given a caution - she was interviewed under caution, which is not the same thing. She says it resulted in No Further Action, so it will not be on her police certificate from ACRO. As far as the US authorities can tell, she effectively has no record, and certainly has nothing to disclose to them. Yes, they ask if she has ever been arrested, but as her official paperwork will say No Trace, she doesn't have to disclose the arrest.

Ify78 — Tue, 03 Jan 2023 18:54:54 GMT

[quote]

[b]JASB - 3 Jan 23 3:55 PM[/b]

[quote]

[b]Ify78 - 3 Jan 23 11:54 AM[/b]

[quote]

[b]Laura - 5 Dec 22 11:38 AM[/b]

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RE: Conviction or no conviction? Applying for a Visa

JASB — Tue, 03 Jan 2023 15:55:54 GMT

[quote]

[b]Ify78 - 3 Jan 23 11:54 AM[/b]

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[b]Laura - 5 Dec 22 11:38 AM[/b]

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Ify78 — Tue, 03 Jan 2023 11:54:30 GMT

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[b]Laura - 5 Dec 22 11:38 AM[/b]

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RE: Conviction or no conviction? Applying for a Visa

AB2014 — Mon, 05 Dec 2022 13:37:37 GMT

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[b]Laura - 5 Dec 22 11:38 AM[/b]

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The document you would need from the police (via ACRO) is effectively a list of cautions and convictions. Being interviewed under caution is not the same as receiving a police caution. In this case, it resulted in No Further Action (NFA), and NFA's are not listed on your police certificate. There is no point disclosing something that will not be shown on your official paperwork, as the US immigration authorities aren't going to see it.