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Maverick
Maverick, Lawyer
Category: Immigration Law
Satisfied Customers: 5767
Experience:  20 years professional experience.
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I have a question regarding DS -160. I am planning to work

Customer Question

Hi i have a question regarding DS -160. I am planning to work in the US for 7 weeks as LED TECH for a touring band. The potion has been approved. However in 2012 i was arrested for possession of a small amount of cocaine in the UK and received a police caution. What should i answer to the following questions:
Are you or have you ever been a drug abuser or addict?
Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?
Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances?
Thanks
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Maverick replied 4 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Customer: replied 4 months ago.
I agree with the above......
Expert:  Maverick replied 4 months ago.

Looking at your third question, you will need to answer it "Yes." because the word used is "violated" as opposed to "convicted". In the UK cautions are given for minor crimes; but you have to admit an offence and agree to be cautioned. You can be arrested and charged if you don’t agree. So, since you were not arrested, you can answer question #2 as "No." if this the only incident on your record. A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime. Further, the caution can show on standard and enhanced DBS criminal background checks. So, if you are dishonest about it, the US government may find out. As to your first question, you should let answer that YES or NO based on what you know to be true about yourself.

Customer: replied 4 months ago.
Thank you. However I was arrested for possesion and then cautioned, so i guess i should answer yes to question 2? If I've only taken cocaine once should i answer yes to question 1? What do you think my chances are of obtaining a visa?
Expert:  Maverick replied 4 months ago.

If you were arrested, then answer "yes" to Q2. If you have taken cocaine once or only a few times, then answer "No." to Q1. If your criminal history is otherwise clean AND you are honest, you should still have at least a 75% or better chance of obtaining the visa.

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