US J1 visa with a formal caution on record

[jonoriley]

I couldn't find a similar question whilst searching so want to ask this anyway..

I had been issued a J1 visa twice in the US up until 2004.. and then i got into trouble for handling stolen goods whilst at university (it was a stolen mp3 player) and got given a formal caution.

I have since entered the US about 10 times on the visa waiver to do research on a thesis.. and now need to apply for a J1 visa again so i can do a traineeship..

Should i now declare the formal caution at the embassy? what impact will it have knowing that i had entered the US on the VWP multiple occasions without declaring my caution?

I got myself a PNC check and it notes my caution.. will the embassy in London request a copy of my PNC too? i'm worried that my prior ignorance of not declaring it is going to come back and haunt me..

any help please?

[steandtracey]

if its the same as a torist visa they will ask for a subject access statement which list any convictions etc, you have to get this before you can even have the interview , im in similar posistion i went to usa with previous conviction and didnt realise i couldnt use vwp util i got back now if i go again i dont know if i would get a visa

[jonoriley]

Does anybody know what kind of checks they do when you go to the embassy for a visa? Would they be able to see this formal caution i recieved?? Do they get info from the PNC?

[JonnoGenie]

IIRC they ask is you have ever committed an offence and if so require you to provide a copy of your PNC.

So maybe it is a case of fess up, or continue to lie.

Since handling stolen goods means you cannot use the Visa Waiver, I would expect an 'interesting' interview if you admit to it. If you keep quiet, then you're flying by the seat of your pants...

[jonoriley]

thanks for the responses so far!

Does anybody know what checks are done by the US embassy when you apply for a student/work visa?? Will they be able to see i was formally cautioned??

[JonnoGenie]

didn't read my reply did you. they ask if you have ever committed a criminal offence in which case they demand a copy of your police record. if anything is on it, they have it in their hands in front of them.

[bluebeard28]

Hi

I to am very worried about my PNC check. First they got my details wrong and said I was in the process of being prosecuted! I was innocent and no further action was taken!
I got this changed but I wanted to ask you something....this will really help me.

On your PNC record, does it physically say that you had a Caution? Is it noted down after your arrest? I can't remember wether I was cautioned or not. I only have details of an arrest and then it says No Further Action.

Thanks!

[jonoriley]

on my PNC is states i was given a formal caution.

Thinking it over - The US embassy has no access to the personal records.. unless its for a serious crime. why would they request a PNC from someone applying if they would have access to it themselves? It takes 40 days by law to receive the check..

I am pretty sure now that if you say no on the application - they would have no way of finding out otherwise..