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Criminal Record and h1 visa

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Old Aug 22nd 2011, 5:14 pm
  #16  
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Default Re: Criminal Record and h1 visa

yes i did.

Can someone tell me how the authorities in the US could find out about this if its not on my criminal record?

The link below is from the British Home Office stating that the UK does NOT share information with the US unless via Interpol (criminal investigation) or via the ACPO report, which we have established will not show this.

http://www.homeoffice.gov.uk/about-u...tcpu?view=Html
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Old Aug 22nd 2011, 9:35 pm
  #17  
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Default Re: Criminal Record and h1 visa

Originally Posted by andyg1974
yes i did.

Can someone tell me how the authorities in the US could find out about this if its not on my criminal record?

The link below is from the British Home Office stating that the UK does NOT share information with the US unless via Interpol (criminal investigation) or via the ACPO report, which we have established will not show this.

http://www.homeoffice.gov.uk/about-u...tcpu?view=Html
I'm not sure where you are going with this. If you are advocating trying to find ways of keeping this hidden from the US immigration authorities, don't even go down that road. A whole world of pain awaits if you do that.

Firstly, are you sure you even have a "criminal record"? Because if the only involvement you've ever had with the police regarding criminal matters (as opposed to things like driving infractions etc) is this one unfortunate incident in 2005, then I doubt you have a "record" at all. Certainly not one that would matter or need to be mentioned for most employment purposes.

As for lying on your employment application, that all depends on the nature of the job, what they asked and what you told them. As far as I know, most places don't ask about arrests. They ask about unspent convictions as defined by the Rehabilitation of Offenders Act. So why would you declare a simple arrest? I think the question of arrests and knowledge of spent convictions only becomes an issue if your employment requires an "enhanced disclosure".

So depending on the circumstances, you may or may not have lied to your employer. But you definitely should NOT be thinking about lying or covering anything up with US immigration. The potential pitfalls and adverse consequences just aren't worth it.

Last edited by materialcontroller; Aug 22nd 2011 at 11:31 pm.
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Old Aug 22nd 2011, 11:06 pm
  #18  
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Default Re: Criminal Record and h1 visa

OP, maybe if you are really scared of telling your employer what exactly happened, maybe you could say you were arrested for X (something pretty small, such as DUI however charges were dropped) and then tell the Consular Officer what exactly did happen.

Disclaimer: Not sure if I would follow my advice here. Use at your own risk.
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Old Aug 23rd 2011, 12:36 am
  #19  
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Default Re: Criminal Record and h1 visa

Originally Posted by andyg1974
Can someone tell me how the authorities in the US could find out about this if its not on my criminal record?
I think your question is strangely phrased. I believe what you really want to know is: whether or not you can get away with it.

WRT US immigration, you must disclose the incident. Don't lie... ever - unless you deliberately want a lifetime ban from the US. WRT your company, that's not really anything we can help you with. That's between you and your conscience.

Ian
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