whereismymind

Hi everyone,

Nice to meet everyone. I've been offered a opportunity to work in the US with a company, starting in July. Which is great.

I do however have a single criminal conviction from over 10 years ago (offences committed when I was 17, convicted at 18, now 29). The conviction included multiple counts of common assault and 2 counts of racially aggravated use of threatening words or behaviour. It was part of an after school group where power went to my head a little. I've worked extremely hard since to try and make up for this.

I've travelled twice to the US since these convictions, both times applying for a visa. First Visa was a 1 year B2 Visa to travel and the second a 5 year B1/B2 visa to allow me to travel during my doctorate.

Will these previous Visas help during the application for a J1 visa? How do people rate my chances? It's a very expensive process to be denied but I understand why it's necessary.

Thanks in advance for any help and I'll try to answer any questions.

crg

The J-1 is easier to get for someone from a Visa Waiver country than a B-2. If the previous B-2 visas didn't have a waiver annotation on them (look for 212(d)(3)) then you likely didn't even need those previous visas anyway. The threats and assaults likely were not a CIMT. As a side note, each count is often a distinct conviction for immigration purposes.

whereismymind

Thanks for the answer crg.

On my application for the DS-2019 form that it asks:

'Have you ever been arrested and convicted of a crime in your home country?'

Do I need to tick 'yes' to this? I assume that I do and, because the program is in the US, that the rehabilitation act isn't valid?! Also by doing this and sending an police certificate into CIEE with my application would CIEE reject me before I even get to applying for the Visa? I intend to submit copies of my previous Visas and a cover letter to support the application.

Finally, when it comes to the J1 Visa interview am I right in thinking that Moral Turpitude doesn't even come into it and I have to list my criminal record whatever the situation?

P.S. That's an interesting point on the offences all being separate convictions; on my police form they're listed as a single conviction.

crg

You must answer yes to the arrest question. The rehabilitation act isn't relevant to US immigration law.

Did you disclose the arrest on your prior visa applications?

Did the prior visas have a waiver annotation?

If they didn't list a waiver, then the prior police problems should not hamper the J1 application. Some convictions make a person ineligible/inadmissible and others do not. If you didn't need a waiver for the previous visas then your convictions didn't make you ineligible before and most lkekly will not now.

whereismymind

I did disclose them and went for interviews at the embassy both times, where my Visas were granted on the day (in 2008 - B1/B2 5 years and 2006 - B2 1 year).

The CIEE form is the stage before though and I was wondering if they can decline my application before I even get a chance to go to the embassy?

I don't believe there are any annotations - it just say's 'NO VISA INELIGIBILITIES'

I hope this is the case; I'm, obviously, just a little nervous as it's an opportunity to do my dream job and I'm so close to it!

Thanks again for your help.

crg

That means that your prior police problems were determined to be irrelevant to visa issuance.

whereismymind

Thanks crg.

Does that mean that there might come a point where I don't have to declare them? Like if I was granted a permanent waiver?

I have no problem bringing them up, it happened. It's just many of the companies for my sort of work are in the States so looking towards the future etc.

civilservant

No, you will have to declare them upon every visa application. Laws do change with regards to inelligability from prior offences from time to time.

crg

There will never be a time when you can answer "No" to the question about ever having been arrested on a US immigration form.

whereismymind

Hi Guys,

So I have my interview at the embassy for my J1 Visa next week and feel pretty prepared. The only thing I'm struggling with is providing evidence of an intention to return to the UK. I'm currently staying at my parents and I've just recently started as self-employed (have made little money so far). I can provide evidence of some savings, an invoice for freelance work I've done, a bank statement showing that I've been paid half of this money. Beyond that I can't think of much else to do apart from providing pictures of my family and partner (we don't live together) with signed statements.

How important is this information if in my job offer it states that it's only for 12 months? Any advice on what else I might provide?

Also, although I haven't required extra administrative processing time for my previous Visas, is it likely that a J1 visa might require this? Also the last time I was issued a Visa was 2008 and it seems like the process has changed a little.

Thanks for any help.

zerlesen

You could bring a letter from your folks saying that they're expecting you back after the J-1 concludes, I guess. The "ties to home country" thing is always tricky. Lots of people - especially if they're young - don't have any ties to their home country that couldn't easily be abandoned, and yet are granted visas with no problem at all.

The consular officer is making a very rapid judgment call about your character, so it's important to be polite and not panic. If they're absolutely determined that you're a bad risk then there's probably nothing you can say to prove that you're not - after all, savings in the UK can easily be accessed from the US, your partner could be planning to illegally immigrate as well, etc. All you can do is remain calm and truthfully state your case: that you want to go to the US for this specific J-1 purpose and then go home afterwards. If you have a history of complying with the terms of a B-2 (and no other issues) then I'd be very surprised if they opted to make a big deal out of it.

whereismymind

Thank you zerlesen. I'll prepare the best I can.

I don't know if anyone knows but when I was granted my previous Visas they have stated on them 'No Visa Ineligibilities' and were issued on that day, with the passport posted to me a few days later.

Is this the same thing as a waiver of ineligibility?

It seems everyone is waiting at least 20 weeks for these at the moment, or is this something else?

Thanks.

crg

No. That annotation means you didn't need a waiver of ineligibility.

whereismymind

Had my visa issued today. Was very pain free. In the embassy just after 8, out before 10. I also had a small cut to the side of my thumb that I was worried might effect my fingerprinting. But it didn't. Everyone friendly. Barely a question about my conviction.
Thanks for the help.

Peopleposey

Congratulations!!