H1B, minor conviction
aTadConcerned
Hi guys.
I have searched this forum for similar cases and couldn't find any,
so I thought I'd better start my own. Apologies if this has been
covered before.
I have been offered a job in the US and am now applying for an H1B visa.
I'm a bit concerned because I have been arrested twice before in the UK:
1. DUI, pleaded guilty, convicted, 18 month driving ban. This was about
10 years ago, I was just a young puppy! The endorsement is due to be
expunged from my drivers license next year.
2. I was arrested and cautioned (no conviction) for shoplifting (a
single pack of razor blades) about 5 years ago.
Other than this, I have been a fine upstanding citizen.
So, my questions are thus...
On the H1B visa forms, what should I answer to "Have you ever been
arrested or convicted" etc.? Should I admit to one or both of these
offenses, seeing as the 1st one was 10 years ago, and the 2nd was a
simple caution?
Are these crimes of moral turpitude?
Are they likely to cause me any problems?
Will I be called for an interview because of this, or would I be called
anyway regardless of arrests/convictions?
What kind of q's should I expect from the interviewer about this, and
how should I answer them?
Can anyone please offer some advice?
Would I need to speak to an immigration lawyer? If so, (this is gonna
sound like a stupid question...) how would I find one?
Thank you all in advance.
--
Posted via http://britishexpats.com
noone
> I have been offered a job in the US and am now applying for an H1B visa.
> Would I need to speak to an immigration lawyer? If so, (this is gonna
> sound like a stupid question...) how would I find one?
Applying for the visa is something you prospective employer does, not you
yourself.
So maybe you could ask if they are using a lawyer (most employers do).
If that doesn't work, search the Internet. There are lots of US lawyers who
specialise in immigration issues. If you start off a conversation with "A
company wants to sponsor my H1-B visa, but they don't have an immigration
lawyer..." you may get a few minutes free consultancy.
> Can anyone please offer some advice?
No matter how much you like what your hear, don't trust one word of what you
hear from people on the Internet. If getting job in the USA is important to
you, get professional legal advice.
(Sorry - just had to take your question out of context, just so I could make
that point).
> Are they [prior convictions] likely to cause me any problems?
Sorry. don't know. at least it's an honest answer!
Regards
"aTadConcerned" <member50368@british_expats.com> wrote in message
news:31$369310$3470203$11458...@britishexpats.com...
kitty_london
Hi, I would be honest and tell about the conviction and that you were
been arrested.
I am not sure if these will cause you troubles when applying for the
visa but I am sure they'll be an issue if they pop up somewhere so that
you haven't mentioned about those things.
Well, talk to an immigration lawyer cause that is the way to get an
official answer but hiding such things may cause you troubles. And there
is a question asking about being convicted/arrested, so you can't say
'no' because it is not the case, unfortunately.
In any case it is a good thing that these things have happened a
long time ago.
Kitty
crg14624
You need to report the arrests/convictions/cautions and let the US govt
determine the impact. Nothing that you're saying would prevent them
from issuing the visa. As a side note, I'd suspect that you didn't get
caught the very first time you shoplifted. If you make it to the US,
keep your hands off of other peoples' stuff.
moli
petty theft included are considered crimes of moral turpitude. ICE
(Immigration Customs Enforcement) which used to be INS (Immigration
Naturalization Service) considers these as basis for "removal" (the term
deportation is no longer used).
Two crimes of moral turpitude or one Aggravated Felony are enough to remove
a resident aliens. No stature of limitations apply.
Always a good idea to research and find an honest immigration lawyer. Good
Luck.
crg14624
As a USC (United States Citizen) I can tell you that DUI is NOT
considered a crime involving moral turpitude.
Ray
> As a USC (United States Citizen) I can tell you that DUI is NOT
> considered a crime involving moral turpitude.
I agree ..
http://www.nlada.org/DMS/Documents/1068321140.08/Flachart.pdf
moli
> considered a crime involving moral turpitude.
USC in an immigration forum logically stands for "United States Code". A
catalogue of criminal offenses. Never "United States Citizen". Sarcasm
included.
This is for 'atadconcerned' Do not be misled by the uninformed.
The legal interpretation used by American immigration officials NOT
American criminal courts for " Crimes of Moral Turpitude" and "Aggravated
Felonies" is very different.
The mistake many non-citizens make is to assume that the laws that cover and
protect American citizens also protects them from ICE (Immigration and
Custom Enforcement). Lets' be clear, Immigration treats non citizens very
differently. Criminal offenses that might be considered minor to a citizen
can have a major negative impact to a non-citizen. It's always advisable
for LPR'S (legal permanent residents) and other non-citizens that
unfortunately become involved with the criminal justice system as
defendants to consult not only a criminal attorney but also an immigration
attorney.
An important element of CMT is "mea rea" evil intent. That is why the
definition of aggravated DUI is a CMT. As for non-aggravated DUIs the
definition keeps shifting (3 different decisions overturned by Federal
district courts since 1996) it also allows for possible WAIVERS. This is
also why a second DUI/ or one Aggravated DUI is still considered a
removable offense.
A non citizen is removable or inadmissible with-in 5 years of a CMT (petty
theft/larceny) or sentences of up to 1 year and over. Check your dates and
clarity of the legal statues (offense(s) classification) involving your
situation.
Once again good luck and do not be misled by the uniformed. They should be
watching Jerry Springer or Montel or Oprah or.........
Good Bye
moli
moli
USC in an immigration forum logically stands for "United States Code". A
catalogue of criminal offenses.
This is for 'atadconcerned' Do not be misled by the uninformed.
The legal interpretation used by American immigration officials NOT
American criminal courts for " Crimes of Moral Turpitude" and "Aggravated
Felonies" is very different.
The mistake many non-citizens make is to assume that the laws that cover and
protect American citizens also protects them from ICE (Immigration and
Custom Enforcement). Lets' be clear, Immigration treats non citizens very
differently. Criminal offenses that might be considered minor to a citizen
can have a major negative impact to a non-citizen. It's always advisable
for LPR'S (legal permanent residents) and other non-citizens that
unfortunately become involved with the criminal justice system as
defendants to consult not only a criminal attorney but also an immigration
attorney.
An important element of CMT is "mea rea" evil intent. That is why an
aggravated charge of DUI is a CMT(Crime of Moral Turpitude).
As for non-aggravated DUIs the definition keeps shifting
(3 different decisions overturned by Federal District Courts since 1996) it
also allows for possible WAIVERS. This is
also why a second DUI/ or a simgle Aggravated DUI are considered removable
offenses.
A non citizen is removable or inadmissible with in 5 years of a CMT (petty
theft/larceny/shoplifting/misdemeanor drug charges) or charges with
mandatory sentences of 1 year and over. Regardless of the actual time that
is served.
Check your dates and clarity of the legal statues (offense(s)
classification) involving your situation.
Once again good luck and do not be misled by the uniformed. Good Bye
crg14624
You have no clue. There are no grounds of inadmissibility relating
specifically to aggravated felonies. It just so happens that most
aggravated felonies are CIMTs, drug related, or multiple convictions
where 5 years or more is sentenced. DUI is not a CIMT. It has been
held by some courts and overturned by others that it could be an
aggravated felony because it's a crime of violence under
237(a)(2)(A)(iii). However, that's for aliens convicted after entry to
the US. There is no 212 inadmissibility ground relating to agg felonies
or a ground that makes someone with a DUI inadmissible.
Site the section of law that makes DUI a ground to keep someone out of
the US. Find the case that would make someone inadmissible fir DUI.
USC stands for United States Citizen, and also United States Code. Why
can't an acronym be reused? What is the University of Southern
California supposed to do when they are also called USC? Just like GFY
can stand for Good For You, or Go ***** Yourself. You're making
statements that have no basis in fact. You didn't even stay in a
Holiday Inn Express last night, did you?
"A non citizen is removable or inadmissible with-in 5 years of a CMT
(petty
theft/larceny) or sentences of up to 1 year and over. Check your dates
and
clarity of the legal statues (offense(s) classification) involving your
situation."
WRONG: CIMT convictions other than a single petty or juvenile offense
makes someone inadmissible for LIFE under 212(a)(2)(A)(i)(I). It could
make someone removable for one if the offense was commited within 5
years of entry or 10 years if it's an LPR (License Plate Recognition)
according to "http://en.wikipedia.org/wiki/LPR" who adjusted status.
The 5 and 10 year thing doesn't apply for multiple CIMT depending on
other factors.
Why did the house pass the Border Protection, Antiterrorism, and Illegal
Immigration Control Act (H.R. 4437) with language making someone
removable for DUI if it was already in the law? The bill has not yet
been made into law.
You didn't even stay in a Holiday Inn Express last night, did you?
crg14624
It's funny that you think that just because you are an LPR that you are
an authority on immigration law. That's like claiming you know how to
fix an aircraft because you bought a plane ticket.
fatbrit
> It's funny that you think that just because you are an LPR that you
> are an authority on immigration law. That's like claiming you know
> how to fix an aircraft because you bought a plane ticket.
Well I just ate @ Taco Bell and when I came out found I was speaking
fluent Spanish with a slight Texan accent.
moli
specifically to aggravated felonies. It just so happens that most
aggravated felonies are CIMTs
Right! CMTs and Aggravated Felonies are the same. Amazing.
Taco Bells, Holiday Inns or white hodded fly by night "alt.visa.us.wannabe.
immigration lawyers" and their Texas Taco hillbilly sycophants, whatever the
case. I'm not interested in trolling feloows, your messages and 'fatbrit''s
need to be put in my Kill File Don't bother flaming guys. Just keep taking
those little blue pills. Thank You.
fatbrit
crg14624 is a very knowledgeable and respected poster on these boards.
Not sure I'd vote (as a USC among others!) the same politics as him but
I sure place a lot of credibility on his posts.
Folinskyinla
Hi:
To be pedantic -- "USC" is used as an official acronym for "United
States Code."
The immigration laws are found in Title 8. [To add to confusion, there
are parallel citations in Immigration -- the Immigration Act and 8 USC.
Section 212 of the Act is 8 USC 1182. However, although both citations
are correct, practice is to use "Section 212" and use of "1182" will
draw a blank look. This practice is noted by USCIS on their web site].
Most criminal provisions are found in 18 USC. However, they are not
limited to there. As for foreign convictions, reference will be made to
the criminal code of the District of Colombia for offenses which are not
normally Federal Offenses.
I have seen the term "USC" used for US Ctizen. It is also the
University of Southern California and the University of South Carolina.
Its all in context. BTW, I've noted that Consular Officers ["ConOffs"]
have the practice of using "AmCit" which I don't see used elsewhere.
On the immigrant side of the shop, be careful of "AOS" -- Adjustment of
Status or Affidavit of Support.
--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
Posted via http://britishexpats.com
crg14624
Aggravated felonies are not the same as CIMT. Some aggravated felonies
are not CIMT and some CIMT are not aggravated felonies. For example,
Firearms Trafficking/Sales/Distribution offenses are aggravated
felonies, but not rarely a CIMT.
Folinskyinla
Hi:
Obtain the records if you can. Although you will be applying for an
immigrant visa, you may want to obtain the Scotland Yard clearance used
by immigrants.
The crimes that keep you out are either drug related or "crimes
involving moral turpitude" [aka CIMT].
On the CIMT, there either has to be a "conviction" [in quotes for a
reason] or you make an "admission." Furthermore, there is the "petty
offense" exception -- if you have only ONE CIMT, the maxium POSSIBLE
sentence does not exceed a year and the ACTUAL sentence was less than
180 days in confinement, the offense will not be a bar.
I've seen mentions of UK "cautions" and don't know the exact
nature of such.
However, I have a feeling you will probably be OK.
There are US immigration lawyers in London. A consulation is
probably in order.
Folinskyinla
Hi:
To be pedantic -- you are conflating 212 inamissability with 237
deportability. They are similar but not identical. The differences can
create weird things at times.