Cautionary Tales

Cautions and Inadmissibility

Prior to 2014, a police caution had been viewed by US consular and immigration officials as little more than a warning and therefore not a basis for finding a visa applicant inadmissible to the United States.  Not so today.

Individuals with arrests disposed of through police cautions may be considered to have made an official admission of guilt upon which an inadmissibility finding may be based. 

Cautions aren't convictions, but...

Official Admissions of Guilt are treated the same as convictions

Cautions from July 2008 onwards may amount to official admissions of guilt for visa purposes, which, in turn, means a caution could disqualify travelers from ESTA and even result in ineligibility to enter the United States. In essence, embassy policy treats cautions the same as a conviction in Magistrate's Court.

As with any conviction, a caution may not necessarily result in inadmissibility, or, even if it does, it may be possibe to receive a waiver of inadmissibility to allow for visa issuance. To learn more, visit the Waivers section of this website.