gazman999

Hi there,

I got a conviction about 8 years ago for a small amount of cannibas (less than a tenner's worth) to which i went to court in the south of ireland and got a small fine.

I live in the northern ireland and have recently been told by my employers they want me to attend training in Texas for a month. Problem is i haven't mentioned to them about my conviction, and am wondering because i have a uk passport will it be necessary to come clean to both my employer and more importantly when attending my interview for a visa?? Will they have access to and check convictions in the south of ireland??

Any ideas would be greatly appreciated.

Ray

I would get a fear of flying very quickly

augigi

I would imagine you'd have to apply for a visa, and tell the truth because yes, they can and do check. Better being knocked back for a visa than turned away at the point of entry to the US.

Wouldn't see the need to tell my employer though! If you can't get the visa, tell them you have family obligations or something and can't travel.

Sapphyre

On Aug 21, 9:18 am, augigi <[email protected]> wrote:
> > I would get a fear of flying very quickly
>
> I would imagine you'd have to apply for a visa, and tell the truth
> because yes, they can and do check. Better being knocked back for a visa
> than turned away at the point of entry to the US.
>
> Wouldn't see the need to tell my employer though! If you can't get
> the visa, tell them you have family obligations or something and
> can't travel.

Depending on the exact charge, it might be waiverable. There's a
waiver for Cannabis, but it's pretty specific. Someone with more
experience would be able to advise.

Thing is, you probably won't get the waiver in time. You could safely
tell your employer that you couldn't get the visa, but not admit the
reason... or do what other posters suggested, make up some excuse to
not go. Meanwhile, attempt to get a visa and waiver, so you are
prepared the next time an employer gives you an assignment like this
one.

S.

J. J. Farrell

On Aug 21, 2:18 pm, augigi <[email protected]> wrote:
> > I would get a fear of flying very quickly
>
> I would imagine you'd have to apply for a visa, and tell the truth
> because yes, they can and do check. Better being knocked back for a visa
> than turned away at the point of entry to the US.
>
> Wouldn't see the need to tell my employer though! If you can't get
> the visa, tell them you have family obligations or something and
> can't travel.

Is it practicable to get a B-1 without the employer being involved?

augigi

Absolutely, I got a B1/B2 with no involvement from my employer beyond writing a letter for me.

I meant not telling them about the conviction.

You have to write the employer's name into the application, and perhaps get a letter of support for your costs while over there, but the US didn't check anything with the employer in my experience, and they certainly didn't advise the employer of the outcome of my visa issuance.

J. J. Farrell

On Aug 22, 5:52 am, augigi <[email protected]> wrote:
> > On Aug 21, 2:18 pm, augigi <[email protected]> wrote:
> > > > I would get a fear of flying very quickly
>
> > > I would imagine you'd have to apply for a visa, and tell the truth
> > > because yes, they can and do check. Better being knocked back for a
> > > visa
> > > than turned away at the point of entry to the US.
>
> > > Wouldn't see the need to tell my employer though! If you can't get
> > > the visa, tell them you have family obligations or something and
> > > can't travel.
>
> > Is it practicable to get a B-1 without the employer being involved?
>
> Absolutely, I got a B1/B2 with no involvement from my employer beyond
> writing a letter for me.

Hmmm ... a self contradictory sentence. If the employer wrote a letter
he was involved.

> I meant not telling them about the conviction.

Fair enough, but if they've got a clue they'll be curious about why he
needs a visa.

> You have to write the employer's name into the application, and perhaps
> get a letter of support for your costs while over there, but the US
> didn't check anything with the employer in my experience, and they
> certainly didn't advise the employer of the outcome of my visa issuance.

One person's experience proves nothing. There's no reason why they
should tell the employer about the outcome, but they could well
contact the employer if they have any doubts about the application.

The employer knowing about the visa application makes the web of lies
more complicated. It opens up "Why didn't you mention that earlier,
such as before you applied for the visa?" for any later excuses -
assuming he avoids the issue in the first place when he gets asked
"Why can't you use the Visa Waiver?" at the start.

Sapphyre

On Aug 22, 1:11 pm, "J. J. Farrell" <[email protected]> wrote:
> One person's experience proves nothing. There's no reason why they
> should tell the employer about the outcome, but they could well
> contact the employer if they have any doubts about the application.

Wouldn't confidentiality prohibit them from discussing the reasons for
denial with a third party? The employer's involvement is just to
stipulate there's a valid reason for needing a B1 visa, as opposed to,
"give me a visa because I feel like applying".

> The employer knowing about the visa application makes the web of lies
> more complicated. It opens up "Why didn't you mention that earlier,
> such as before you applied for the visa?" for any later excuses -
> assuming he avoids the issue in the first place when he gets asked
> "Why can't you use the Visa Waiver?" at the start.- Hide quoted text -

I'd assume many people who fly from a VWP country will know about the
program, so likely it would come up if the employer wanted to suggest,
"just get on the plane and go".

The only excuse I can give for that (for the OP) to explain to an
employer "why not" without divulging the conviction, is for the OP to
say, "I used it before and overstayed, I'm not eligible for that
anymore". It's bad to overstay on the VWP, but it's not the same as
admitting to your employer you've been in trouble with the law. There
are many reasons you can overstay, including meeting a woman/man
abroad and cutting it too close like a few posters had admitted to
doing... lots of people overstay the VWP, I don't see that is a big
deal between employee/employer.

Admitting to being involved with drugs even past tense is bad, because
as soon as you admit to a crime, they want to know what it was. Some
employers, like my father for instance, do not want any past/present
drug users working for them, whether they had police problems or not.
It's too risky for their business. Other employers don't care, but you
don't know who's who and what will be tolerated until you find out the
hard way.

S.

augigi

You're very rude! Why can you not give your opinion, and permit other people to, without having to put down my input? I assume the poster wants to ask people's opinions which is why he is posting here, which includes others' experience, so saying "One person's experience proves nothing" is just idiotic.

I hardly think having an employer write a letter of support is being "involved" in the visa process, and I certainly don't need you to correct or insult my grammar, thankyou.

Jey

Hey all, I thought it would be better for me to use this thread rather than create my own, as my query is rather similar. I was arrested and charged on suspicion of attempted theft after being interviewed and released on Bail the charges where dropped no court appearence etc.

I am wondering wether or not I will be asked to include this in my H-1B and or Green Card Application at a later date if my H-1B is successful or if they only ask for Convictions.

Secondly would this in any way affect my application as there was no conviction



And finaly this is purely so people on the forum dont think I am some horrible thief :curse: The basis for my arrest was this: The company we worked for supplied my co-worker with a lorry both for transportation to and from work and moving materials and equipment around, I drove to work in my car and would switch to the lorry during the day and travel home in my car at the end of the shift, My Co-worker used the lorry in an attempted theft after work and I was arrested because my work ID card and work clothes were found in the vehicle (6 Hours in a cell!).

Anyhoo I got off in the end thats all that matters. Oh yea I also lost my freaking job because of it.

Sapphyre

Jey, it's always better to start your own thread, so people who don't
wish to partcipate in the original thread will see a new query.

You have to read over the forms to see if they want arrests as well.
I'm pretty sure the I-485 and N-400 forms require you to disclose
arrests, but that's for a Greencard and then Citizenship. Don't know
about the H1B.

Get all the court documents and police reports regarding this matter
while you still can, should you need them later on. To the best of my
knowledge, if you require any papers regarding a criminal matter, they
are most interested in the court documents. Should there be none,
hopefully the police reports will suffice.

As for your admissibility... you are not inadmissible for your arrest
for either admission into the US, or the VWP as I read the current
INA.

Just be sure you gather and keep your evidence while you can.

That's about the best I can give you for advice and my opinion.
S.

On Aug 23, 4:11 am, Jey <[email protected]> wrote:
> Hey all, I thought it would be better for me to use this thread rather
> than create my own, as my query is rather similar. I was arrested and
> charged on suspicion of attempted theft after being interviewed and
> released on Bail the charges where dropped no court appearence etc.
>
> I am wondering wether or not I will be asked to include this in my H-1B
> and or Green Card Application at a later date if my H-1B is successful
> or if they only ask for Convictions.
>
> Secondly would this in any way affect my application as there was no
> conviction
>
> And finaly this is purely so people on the forum dont think I am some
> horrible thief :curse: The basis for my arrest was this: The company we
> worked for supplied my co-worker with a lorry both for transportation to
> and from work and moving materials and equipment around, I drove to work
> in my car and would switch to the lorry during the day and travel home
> in my car at the end of the shift, My Co-worker used the lorry in an
> attempted theft after work and I was arrested because my work ID card
> and work clothes were found in the vehicle (6 Hours in a cell!).
>
> Anyhoo I got off in the end thats all that matters. Oh yea I also lost
> my freaking job because of it.
>
> --
> Posted viahttp://britishexpats.com

J. J. Farrell

On Aug 23, 5:02 am, augigi <[email protected]> wrote:
> > On Aug 22, 5:52 am, augigi <[email protected]> wrote:
> > > > On Aug 21, 2:18 pm, augigi <[email protected]>
> > > > wrote:
> > > > > > I would get a fear of flying very quickly
>
> > > > > I would imagine you'd have to apply for a visa, and tell the
> > > > > truth
> > > > > because yes, they can and do check. Better being knocked back
> > > > > for a
> > > > > visa
> > > > > than turned away at the point of entry to the US.
>
> > > > > Wouldn't see the need to tell my employer though! If you can't
> > > > > get
> > > > > the visa, tell them you have family obligations or something and
> > > > > can't travel.
>
> > > > Is it practicable to get a B-1 without the employer being
> > > > involved?
>
> > > Absolutely, I got a B1/B2 with no involvement from my employer
> > > beyond
> > > writing a letter for me.
>
> > Hmmm ... a self contradictory sentence. If the employer wrote a letter
> > he was involved.
>
> > > I meant not telling them about the conviction.
>
> > Fair enough, but if they've got a clue they'll be curious about why he
> > needs a visa.
>
> > > You have to write the employer's name into the application, and
> > > perhaps
> > > get a letter of support for your costs while over there, but the US
> > > didn't check anything with the employer in my experience, and they
> > > certainly didn't advise the employer of the outcome of my visa
> > > issuance.
>
> > One person's experience proves nothing. There's no reason why they
> > should tell the employer about the outcome, but they could well
> > contact the employer if they have any doubts about the application.
>
> > The employer knowing about the visa application makes the web of lies
> > more complicated. It opens up "Why didn't you mention that earlier,
> > such as before you applied for the visa?" for any later excuses -
> > assuming he avoids the issue in the first place when he gets asked
> > "Why can't you use the Visa Waiver?" at the start.
>
> You're very rude!

I'm sorry you think so; that wasn't my intention.

> Why can you not give your opinion, and permit other
> people to, without having to put down my input?

Where and how did I 'put down' your input?

> I assume the poster
> wants to ask people's opinions which is why he is posting here, which
> includes others' experience, so saying "One person's experience proves
> nothing" is just idiotic.

What on earth is idiotic about it? There have been people in the past
who have got themselves into big trouble by assuming that one person's
experience is how things always are, when in fact the situation is
highly variable. The fact they didn't contact the employer in your
case indicates that they didn't choose to contact the employer in your
case, and nothing more. If someone were to assume that this meant the
employer would never be contacted, they could end up in a mess.

> I hardly think having an employer write a letter of support is being
> "involved" in the visa process,

Of course it is! Would he be involved if he filled in a form rather
than writing a letter? This is in the context of the employer finding
out about the conviction; as soon as he knows that the employee is
applying for a visa, he's well on his way to asking some very
difficult questions. If the employer were not involved in the visa
application, then he need never know that the employee has applied for
a visa unless the employee chooses to tell him.

> and I certainly don't need you to
> correct or insult my grammar, thankyou.

I did neither.

J. J. Farrell

On Aug 22, 6:34 pm, Sapphyre <[email protected]> wrote:
> On Aug 22, 1:11 pm, "J. J. Farrell" <[email protected]> wrote:
>
> > One person's experience proves nothing. There's no reason why they
> > should tell the employer about the outcome, but they could well
> > contact the employer if they have any doubts about the application.
>
> Wouldn't confidentiality prohibit them from discussing the reasons for
> denial with a third party?

Very likely. They wouldn't call the employer about that anyway, but
might if they were unhappy about other aspects of the application. I
was really thinking about the possibility that the applicant had got
as far as the interview without the employer knowing about the
application (which is unlikely anyway). If he did get that far,
there's still a risk that the employer would find out if the Consulate
chose to contact him. Once the employer knows that the employee has
applied for a visa, he might start wondering why ...

> The employer's involvement is just to
> stipulate there's a valid reason for needing a B1 visa, as opposed to,
> "give me a visa because I feel like applying".

Agreed.

> > The employer knowing about the visa application makes the web of lies
> > more complicated. It opens up "Why didn't you mention that earlier,
> > such as before you applied for the visa?" for any later excuses -
> > assuming he avoids the issue in the first place when he gets asked
> > "Why can't you use the Visa Waiver?" at the start.- Hide quoted text -
>
> I'd assume many people who fly from a VWP country will know about the
> program, so likely it would come up if the employer wanted to suggest,
> "just get on the plane and go".
>
> The only excuse I can give for that (for the OP) to explain to an
> employer "why not" without divulging the conviction, is for the OP to
> say, "I used it before and overstayed, I'm not eligible for that
> anymore". It's bad to overstay on the VWP, but it's not the same as
> admitting to your employer you've been in trouble with the law. There
> are many reasons you can overstay, including meeting a woman/man
> abroad and cutting it too close like a few posters had admitted to
> doing... lots of people overstay the VWP, I don't see that is a big
> deal between employee/employer.
>
> Admitting to being involved with drugs even past tense is bad, because
> as soon as you admit to a crime, they want to know what it was. Some
> employers, like my father for instance, do not want any past/present
> drug users working for them, whether they had police problems or not.
> It's too risky for their business. Other employers don't care, but you
> don't know who's who and what will be tolerated until you find out the
> hard way.

Good thinking; it's unlikely that an employer would worry about
"accidentally overstayed by a couple of days when I missed my flight"
- at least not as much as "murdered a previous employer, but I'm
reformed now, honest".

Sapphyre

On Aug 23, 7:53 pm, "J. J. Farrell" <[email protected]> wrote:
> Very likely. They wouldn't call the employer about that anyway, but
> might if they were unhappy about other aspects of the application. I
> was really thinking about the possibility that the applicant had got
> as far as the interview without the employer knowing about the
> application (which is unlikely anyway). If he did get that far,
> there's still a risk that the employer would find out if the Consulate
> chose to contact him. Once the employer knows that the employee has
> applied for a visa, he might start wondering why ...

I don't let people who have control over my future wonder things...
I'd take a preventative measure and go to the employer and say, "you
want me to take this trip, however I need a B1 because <put excuse in
here>". Having a record as being an honest employee always helps...

> Good thinking; it's unlikely that an employer would worry about
> "accidentally overstayed by a couple of days when I missed my flight"
> - at least not as much as "murdered a previous employer, but I'm
> reformed now, honest".

Well, I had to give the OP some ideas he could think about before he
makes a possible career changing decision. It will be far worse if
he's refused entry and sent home, he might need that refusal document
to show his employer what happened, if it says the reason (criminal
charges), that would be bad. Much better to apply for the B1.

S.

lofty79

Apply for the B1/2. IMHO you shouldn't have a problem obtaining one. A lot of people seem to believe that these are nigh on impossible to obtain if you're British and less than 65 - this is not true in my experience.

Let’s just say I, errrrrrr, have a friend who was;

-28 yr old male
-had a police caution for possession of small amount of cannabis as a teenager
-had two further convictions for minor offences as a teenager (not CIMT)
-and once miss-used the VWP i.e. used it when obviously he shouldn't have

and was still granted a 5 yr B1/2 to visit the US on vacation.

At the interview be 100% honest about absolutely everything and you should be ok. My friend had to take a toxicology test before the visa was issued so that they could ensure he still wasn't a raging druggie. When that came back clear his visa was issued. The whole process took a couple of months in total, including getting police report, arranging the interview and receiving the visa.

Maybe he was extremely lucky, maybe the interviewing officer was having a very good day or something, who knows. But the fact is he got his visa. And let’s just say that he was mightily relieved that his history did not render him inadmissible.