Question:

Does having a police caution for affray count as an offence of morale turpitude on a U.S visa?

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I got a police caution for affray in 2003 and have travelled to the usa twice since and always ticked no in the visa form to any offences, but am now trying to obtain a working visa for the u.s and have just found out I may have not understood the visa question properly,will my caution offect my working visa and will i get in trouble for not stating it the last two times i travelled there?

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  1. You will need to declare it, get records from the police station detailing exactly what happened as you will need these for your interview at the Embassy. Be prepared to admit that you didn't think it was relevant for visiting. They may not like it but shouldn't consider it in the same light as someone who knowingly concealed a serious crime. I got my visa with little problem and had used the visa waiver with a minor conviction, I wasn't even lucky enough to get a caution. Instead I got a judicial slap on the wrist when I went to court. Make sure you look penitent when it is brought up and if alcohol was involved in your behaviour be prepared to be asked about your drinking habits now.

    Good Luck.


  2. Declare everything. Otherwise there is a chance you may get deported when you arrive.

    I know it's hypocritical looking at the state of American crime nowadays

  3. If you were not convicted, you may answer "No, you have not been convicted of a crime of moral turpitude".  

    If asked if you have ever been arrested, you must answer yes and explain that you received a warning.

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