RDOG2010

Looking for some (constructive) advice please:

Background
Previously worked on L-1
Same co. offering another tour, again on L-1 (new application)
Did not declare historical arrest record first time round (very minor, +10yrs old, no cautions or convictions).
Not sure but may eventually turn into GC at some point in future

Questions?
If I declare now, could I run into issues with immigration as I did not on previous application?
What extra hoops do I need to then jump through for the L-1 application?
If I don't declare now, could I run into major issues in potential future GC process?

Wish I had just gone through full disclosure first time around...

lisa67

Hi and welcome to BE.

Are you asking us whether we think you should lie on your latest L1 application?

RDOG2010

Lisa,

(Thanks for welcome). I am seeking constructive advice in relation to the questions posted. Not so much a question of lie vs. material misrepresentation if I learned anything from other posts.. Genuinely not 100% sure was an actual arrest per se. More part of crowd and assisting with enquiries...

Anyway, if you have any info on how this may be viewed I'd be grateful.

meauxna

Without knowing exactly what it was you were arrested for (or not) and considering the potential consequences, this seems like an excellent question for your immigration attorney (or one that you consult).

ian-mstm

If you had disclosed it, likely nothing would have ever come of it... and you wouldn't now be needing advice. That said, you now have to choose between deliberately lying to keep the same story, or telling the truth and risking a denied visa.

Here's a hint - US immigration will usually forgive just about anything except being lied to. Bottom line, time to confess.


Yes, you could.


That'll depend on whether or not you get a permanent ban from the US for lying to receive an immigration benefit.


Yes, you could.

I do hope this information was constructive enough for you!

Ian

JAJ

If one was arrested, and it was all a police mistake and one did nothing wrong (which one can assume if no conviction, caution etc), then it did not create inadmissibility in the first place. So the omission perhaps was not material?

Still one to discuss with an immigration attorney, but I would counsel against self-incrimination. Is one even sure it was really an "arrest"? There have been cases where people thought they were under arrest when they were not.

lisa67

I apologise if my comments seemed rude, but your post, as I read it, boiled down to, should I lie and risk being denied or not.
If it's more complicated than that..whether it was an arrest or not, or you didn't deliberately miss putting the "arrest" on your previous application, then hopefully an immigration attorney will be able to help you sort it out.
Good Luck!

goldenstate31

IMHO If the arrest resulted in NO cautions and no convictions, why even mention it? This isnt a lie, but why draw attention to something unneccesarily
welcome to BE

meauxna

Have you ever read the visa application forms? Most of them specifically ask if you have been arrested. Lying to that question could be a material misrepresentation.

goldenstate31

wasnt sure if the visa application says ''have you ever been arrested which resulted in conviction''? Y/N
Usually on forms legal and such, it gives various options to either explain the answer in more detail if ticked yes, or next question type thing if the answer was No. (didnt know whether this applied to visa applications

meauxna

http://www.immihelp.com/visas/sample...pplication.pdf
Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?