frasermurray

I have a friend who recently got his J1 Visa application accepted for a exchange program to the states next year(same course as me a few years back).
She was so excited about the whole idea of going to the US she forgot to mention a careless driving conviction 10 year ago.
She got the visa with no problem but is worried that this is going to affect her in some way. She's thinking of calling the embassy to let them know.

Do you think thats good idea? Or seeing as she got accepted do you think she should just keep her mouth shut?

Thanks.

ian-mstm

If the application process required that she disclose any convictions... well, that'd be really bad - whether intentional or not. If she contacts the Consulate, and they get their back up, they could revoke the visa. If the process did not require her to disclose any convictions, then she doesn't need to mention it.

So... what's her risk/reward tolerance?

Ian

meauxna

Even with an approved visa, she can be turned back at the border.
She really should consider making a 'timely retraction'. Better yet, she should ask a lawyer about the consequences of doing that, as I have no idea.

Since the original conviction doesn't make her ineligible...

dharper

Does US immigration law require disclosure of a sex change or is this a grey area

frasermurray

She never bothered asking anyone. Who knows what will happen.

Her ds2019 starts on 5th January so she had a month before that to get out there. She left yesterday and had no trouble at the border with her visa.

But the trouble may lie ahead!

frasermurray

So she entered USA with no problem at all and had no problems since. Do you think that the fact that her original conviction didnt make her inelegible anyway that thats the reason that she's had no problems?

She did something wrong by forgetting to mention it but i think because it was for somehthing like a driving conviction that its no big deal.

She regrets not remembering about her conviction but is still worrying it may crop up again.

Anyone any idea?

md95065

Next time she applies for a visa or attempts to visit the US using the Visa Waiver Program she should (and I am sure that she will!) "remember" the conviction and mention it if (but only if) the forms that she has to fill out require her to mention it or if she is specifically asked if she has any convictions.

JCraigFong

I suspect this was meant to be a humorous note, but just in case it's a serious question:

No, disclosure is NOT required; it is NOT a ground of inadmissibility. However, if the sexual status on the PPT does not match the sexual status of the vx applicant there will be trouble (e.g., PPT was issued in 2005 to a man, man gets sex reassignment surgery in 2009, applies for a vx in 2010 as a woman -- thus, the vx will show a different sex than the PPT) .

In such a case, it will be important for the alien to go to his/her home government to have the PPT endorsed to indicate the holder is now of a different sex.

--J