jalby1992

Hi All,

I received a job offer from a company who are going to sponsor me and pay for VISA and legal fees.

I have had 4 interviews with them and they have not mentioned or asked about convictions once, should I bring this up and tell them? My contract is going out this week so maybe I can declare this on my contract? Or do they send you VISA paperwork which I can also declare on it?

I am 25 now I have a Journal Published by a Top University, a 1st Class Honours Degree I've applied for 263 jobs, had 12 interviews and now have finally got something! But I'm so anxious I won't get a VISA?

When/how should I declare convictions?

December 2015 - (When I was 23) Drink Driving - Not accident/incident related - Ban no sentence attended an awareness course and have the certificate of completion

January 2013 (when I was 20) Handling stolen goods under £500 no sentence got an unpaid work order I completed and got the certificate of completion

December 2010 (when I was 18) misrepresentation, my phone got stolen police recovered it 3 weeks later and I didn't cancel the claim (yes I was a very stupid kid) I just got a fine no sentence

2006 - Shoplifting under £500 and Vandalism under £500 I was 14

On paper it looks so bad, but I have done so much good in my life, worked my arse off at uni whilst in fulltime employment and I'm so scared I won't be able to do my dream job. I am getting in touch with an immigration lawyer.

Anyone have any comments or advice?

Many Thanks,

Noorah101

No.

No.

The employer will submit a petition to USCIS. If the petition gets approved, then you apply for a visa. It is on the visa application where it is asked about arrests and convictions. That is where you will declare it.

You won't know until you apply for the visa and go to the visa interview.

On the visa application.

You do have multiple issues, most of them very recent (in the immigration world). You are doing the right thing by having a consultation with an immigration attorney who can determine if any of these could prevent you from getting an approved work visa.

Rene

materialcontroller

Wait until they bring it up and ask you.

If they're based in the UK, you will be required by law to declare at least the two most recent offences as they are not yet considered "spent" under the Rehabilitation of Offenders Act.

These issues will also definitely show up on the ACPO certificate that they will need in order to apply for an American visa for you.

jalby1992

Thank you very much! I will keep all updated, hopefully it will be successful then I can advise other expats. I think I am worrying too much, everyone said I should be fine! I'm trying to get a fresh start and build my career and future...it is going to be a long few weeks for me!

materialcontroller

The people telling you that you should be fine are no doubt trying to keep your hopes up, which is good; but the reality is that as Noorah has mentioned, you have several recent instances of criminal dishonesty that might cause you problems.

The employer could easily back out of hiring you if they find out about your history and feel it would be detrimental; plus you are also almost certain to require a waiver of ineligibility for the visa. US work visas are difficult enough to get as it is, but you have added a significant complication into things.

Best of luck to you. I really hope it all works out.

jalby1992

Yes all based in the UK. Thanks yes got the ACPO certificate through, everything has shown up even the 2 warnings at 14 years old! Only the drink driving is not spent.

So will I need to show my employer the ACPO Certificate? I thought I'd just need to bring it to the interview?

But in the US nothing is ever spent I've read?

Most were over 5 years ago which is helpful and most are debatable (according to multiple sites, lawyers, forums) if of "moral turpitude". Also 2 I was under 18 so I've heard are not relevant, misrepresentation I was 18 1/2 very annoying

Once I get legal advice I will post it on here hopefully will be later this week

jalby1992

Thank you, yes I am not getting my hopes up, until my passport comes back! Worst part is the waiting

materialcontroller

Are you sure only the DD is unspent? Offences over the age of 18, such as your 2013 conviction, normally have to be declared for seven years before being spent.

As far as the US side of things is concerned, if they ask you to declare all convictions/offences/arrests, that is exactly what you have to do. No such thing as spent convictions.

No reason to show your ACPO to the employer, unless they specifically ask for it.

Which offences do you feel are debatable as far as CIMT is concerned? I'd say only the juvenile offences at 14 are irrelevant.

jalby1992

I think the "handling stolen goods" is not as no stolen goods were handled by myself my friend used his paypal to send me money as he was overdrawn and that was my involvement. Turns out the funds was from a suspected stolen bicycle that was never seen or recovered I was amazed that I got convicted

jalby1992

But I guess may be as it is listed as handling stolen goods it may be classed anyway

mrken30

Do you have any idea what the employer would do if you were unable to get a visa? Would they still employ you in the UK or is the visa necessary for the work?

jalby1992

I have to meet clients in Chicago daily and I am providing training to create 5 jobs for American Citizens as here in England we do things very differently they have tried hiring many Americans with no luck so instead I am going to train them. So if I couldn't get a VISA I couldn't do the job

Guindalf

For information, you are hoping to get a visa. A VISA is a credit card.

From what you've said so far, your chances of getting denied are certainly a concern. You MUST answer any questions about your record honestly. If you lie to immigration, you face denial and/or a ban and if you lie to your future employer, you would be terminated and then have to return to the U.K. In a hurry!

jalby1992

Thanks yes I'm going to bite the bullet and be honest at every opportunity. It's going to be the longest few weeks of my life

tom169

Longest few weeks? You're not going to be in a visa interview for some time yet. If the petition is successful for what sounds like a H1-B then we're talking months...