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L1 Visa Application Recent Conviction

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Old Jan 6th 2025 | 9:58 pm
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Default L1 Visa Application Recent Conviction

Hello all, first post here.

In November 2024 - I was convicted of section 117(1a) of the road traffic regulation act for a motoring offence for a misuse of a disabled badge.
I was convicted of one count in a magistrates court and fined a total of £2000.
I was foolish for the misuse, but to my defence I was unable to walk during this time and there was no other adequate parking spots nearby. But I have since learnt my lesson and will not mess around again.

I have never been arrested or convicted of anything else and have been a good citizen who has paid a lot of taxes (high salary).

I am in the process of moving to the US through L1 visa program, I want to know if my offence is serious enough to cause a rejection of my l1 visa?

I have read other threads and will be taking my DBS certificate, ACRO record etc once I get my onsite interview.

Thank you very much for your help.
 
Old Jan 6th 2025 | 11:20 pm
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Default Re: L1 Visa Application Recent Conviction

Presumably the company has an immigration lawyer that is applying for you? So what have they said? They’ll be able to advise if such a recent conviction is likely to mean you’re inadmissible and if so, the chances of you being recommended for a waiver.

Good luck.
 
Old Jan 7th 2025 | 3:36 am
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Default Re: L1 Visa Application Recent Conviction

That's a big fine for misuse of disabled badge.... the usual maximum is 1,000GBP (If you were unable to walk, surely you would have had the relevant, current badge)

As Christmasoompa says, your company's lawyer is best for advice.

Last edited by SanDiegogirl; Jan 7th 2025 at 3:39 am.
 
Old Jan 7th 2025 | 9:57 am
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Default Re: L1 Visa Application Recent Conviction

Originally Posted by throwaway12345
Hello all, first post here.

In November 2024 - I was convicted of section 117(1a) of the road traffic regulation act for a motoring offence for a misuse of a disabled badge.
I was convicted of one count in a magistrates court and fined a total of £2000.
I was foolish for the misuse, but to my defence I was unable to walk during this time and there was no other adequate parking spots nearby. But I have since learnt my lesson and will not mess around again.

I have never been arrested or convicted of anything else and have been a good citizen who has paid a lot of taxes (high salary).

I am in the process of moving to the US through L1 visa program, I want to know if my offence is serious enough to cause a rejection of my l1 visa?

I have read other threads and will be taking my DBS certificate, ACRO record etc once I get my onsite interview.

Thank you very much for your help.
I am a former U.S. immigration lawyer who is now retired. For myriad reasons, I refrain from giving any specific advice albeit with one exception - when legal consultation is in order. That advice is often contrary to the ethos of this forum. Nonetheless, you now have two independent recommendations to seek legal counsel.

By way of general information, I had to look up the acronym of DBS inasmuch I have never heard of it. It should be noted that documentation generally acceptable to the US government are listed in the Reciprocity Tables of the Department of State which are available on line. These tables are considered Holy Writ by US offials and other immigration cognoscenti.

In regards to UK criminal records, the tables list ACRO, Subject Access Record and Memorandum of Conviction. The tables do not mention the DBS. Why I have no idea.

(On the Holy Writ angle, for years the Table for Iran listed police certificates as available when they were, in fact, not available. As a procedural requirement we had to document attempts which were known to be futile. The Table still lists as available, but unreliable. Noted that US has no ability to verify documents in Iran. If I was still in practice, I would be spared a useless act which used to be common.)
 
Old Jan 9th 2025 | 11:52 pm
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Default Re: L1 Visa Application Recent Conviction

The DBS check is irrelevent since it doesn't show spent ocnvictions. As far as the US is concerned there is no such thing as a spent conviciton.
 
Old Jan 10th 2025 | 11:37 pm
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Default Re: L1 Visa Application Recent Conviction

Thanks everyone for your message.
my ACRO came and to my delight no trace was found.
I guess that means I am good?
 
Old Jan 11th 2025 | 12:30 am
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Default Re: L1 Visa Application Recent Conviction

Originally Posted by throwaway12345
Thanks everyone for your message.
my ACRO came and to my delight no trace was found.
I guess that means I am good?
It may be that it’s too recent to be showing on an ACPO that you ordered not long after it, the systems may not have updated by then. But obviously you still have to declare the conviction anyway.
 
Old Jan 11th 2025 | 12:34 am
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Default Re: L1 Visa Application Recent Conviction

I got the conviction in November, surely by now it would be on record no?
 
Old Jan 11th 2025 | 10:38 am
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Default Re: L1 Visa Application Recent Conviction

Originally Posted by throwaway12345
I got the conviction in November, surely by now it would be on record no?
Assuming you applied for ACRO in December? So it wouldn’t be surprising if it wasn’t, particularly with so many holidays between then and now. But it’s not really relevant whether it’s on there or not. Just answer the questions truthfully and I’d get a SAR ready for interview, you might want to order another ACRO as well nearer the time. When is the interview, have you got a date yet or are you still in the early stages?
 
Old Jan 11th 2025 | 12:07 pm
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Default Re: L1 Visa Application Recent Conviction

The best advice remains to consult with the lawyer.
 
Old Jan 11th 2025 | 11:41 pm
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Default Re: L1 Visa Application Recent Conviction

I applied for it at the start of January. Need to investigate what an SAR is as its the first time im hearing about that.

i have a phone call with my lawyer tomorrow
 
Old Jan 11th 2025 | 11:53 pm
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Default Re: L1 Visa Application Recent Conviction

Originally Posted by throwaway12345
I applied for it at the start of January. Need to investigate what an SAR is as its the first time im hearing about that.

i have a phone call with my lawyer tomorrow
Good. Just to confirm this is your employer’s immigration lawyer? Not your personal lawyer that dealt with the disabled badge case?

If you get your SAR before the interview then it will save any delay when you’re asked for it. Easy enough to obtain though.https://www.acro.police.uk/s/acro-se...subject-access

Good luck.

Last edited by christmasoompa; Jan 12th 2025 at 12:02 am.
 
Old Jan 12th 2025 | 12:03 am
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Default Re: L1 Visa Application Recent Conviction

Thanks for your advice mate, i appreciate it.
this is my employers lawyer who is dealing with the immigration case.

but wouldnt an SAR be blank if the ACRO report contains no trace?
 
Old Jan 12th 2025 | 1:19 am
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Default Re: L1 Visa Application Recent Conviction

Originally Posted by throwaway12345
Thanks for your advice mate, i appreciate it.
this is my employers lawyer who is dealing with the immigration case.

but wouldnt an SAR be blank if the ACRO report contains no trace?
No, SAR is much more comprehensive and includes things like pending charges. So even if the conviction hadn’t made it to ACPO yet you’ll have details on there to give to the consulate.
 
Old Jan 12th 2025 | 3:00 am
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Default Re: L1 Visa Application Recent Conviction

Originally Posted by christmasoompa
Assuming you applied for ACRO in December? So it wouldn’t be surprising if it wasn’t, particularly with so many holidays between then and now. But it’s not really relevant whether it’s on there or not. Just answer the questions truthfully and I’d get a SAR ready for interview, you might want to order another ACRO as well nearer the time. When is the interview, have you got a date yet or are you still in the early stages?
What about a memorandum of conviction.?
 


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