Can someone enter the USA under the visa waiver system with a police caution from 8 years ago?

Question

They were not charged and they didn't go to court.

It was for criminal damage

Please help

Answer 1

"Important: Some travelers may not be eligible to enter the United States visa free under the VWP (Visa Waiver Program) . These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law),....."



however

A police caution is not a conviction but an acceptance of guilt by the accused. It is usually not recorded.

The advice given by the US embassy in relation to applying for a visa for criminal convictions is a blanket piece of advice to prevent delays once you are in the US as you are obliged to admit any crime which constitutes moral turpitude which is one that is considered 'base and vile' and requires intent - these are crimes like theft through murder not minor  offences. If these are admitted on entry, the nationality officer has to make enquiry into the admission, which is a lengthy process.

The law comes from the -

Immigration and Nationality Act, 8 U.S.C. 1001 Section 212 c (A) i 1 which gives a nationality officer the right to refuse entry to anyone who admits to having committed an act of moral turpitude.

Then comes the exceptions. For drugs related offences - no entry, never ever.

But for moral turpitude the exceptions are -

1. If the crime was committed when you were under 18 and 5 or more years before trying to enter the US.

2. If over 18, the maximum sentence was 1 year and you were sentenced to 6 months or less.

So I bet your fine.

Answer 2

Yes,  a caution is not a "spent" conviction.    plus a caution is only on your record for 4 years anyway

Answer 3

Any person with enough money could..