febhotsauce

Hi all,

Firstly, would like to say what a great source of information this website is. I've trawled these pages looking for info relevant to my situation and feel like I've got a good understanding of how to proceed.
I was hoping you guys could review this and clarify a few final points.

I am 32yo, currently in the petition stages for an L1 VISA with my current company. I've worked for them for 7+ years in a number of locations, and they now want me in the head office in USA.
I am currently working in SE Asia (at one of their regional offices), but am a British Citizen.

Unfortunately, I was involved in a drunken incident at university (think being loud, disruptive, banging on windows) that led to my arrest and subsequent Fixed Penalty Notice for DISORDERLY CONDUCT. This was 12 years ago and not my proudest moment. Absolutely no other run-ins with the police.
Obviously, this isn't a criminal record in UK, so my ACPO says NO TRACE, but when I do SAR it's there.
As you know, I'll need to declare this on DS-160 as I was formally arrested.

I have the following questions:

1. I will be declaring on DS-160, but do I need to inform my employer? Do they or the attorney they have hired to support my application see my DS-160? I'd obviously rather not have to bring this up with them, but if there are benefits or if they'll see it, I guess I will have to?
2. How are my chances? From what I've read, I should be OK for such a minor offense a long time ago. Obviously sweating a bit as my career is on the line.
3. I am trying to get files from local police station, but suspect they may be deleted. Is ACPO + SAR enough evidence to submit and take to the interview?
4. I have been to the USA twice on an ESTA before (once with work, once for leisure). I didn't declare this arrest + FPN as I believe it isn't a CIMT. The ESTA question is different from DS-160. Will this cause me problems?
5. Any other tips on how to handle this situation or improve my chances here.

Thanks in advance

shiversaint

I think you'll be fine.

1. Often Attorneys complete the DS-160 first and pass over to you to check and submit. I think it's unavoidable for the attorney to know and they'll probably be annoyed if you don't tell them, but expect them to relay that information as your employer is also their client. I would consider telling your employer in the same conversation state you've checked and ensured it's irrelevant.
2. Pretty much fine, IMO. It's not a CIMT, you don't need a waiver, and even if you did, you would probably get the waiver.
3. ACPO on its own is in theory enough, SAR useful when details cannot be remembered or whether details may influence whether this is a CIMT. Neither seem to be true here.
4. No, not a CIMT so should be fine.
5. You're doing everything you can except possibly stressing a bit too much, but that's understandable.

febhotsauce

Thanks for the reply, put me at ease a little.

Are you aware of whether this will alter the interview booking process at London/Belfast embassy?
Are separate interview slots required for those who tick "yes" and subsequently have to fill out a VCU-01 form?
Or will I just take a normal slot and deal with this in a normal interview?

Thanks

PetrifiedExPat

5. Understand your anxiety, however, being upfront about it and given the circumstances (which are comical!), I also think you would be fine!

S Folinsky

I am now retired from the practice of immigration law. One thing that I learned over decades of practice was to never trust the client’s oral description of their criminal record. I wanted to see the paperwork. Also, UK paperwork can be somewhat inconclusive on precisely what legal provision the person was convicted. I used to get headaches over the “categorical approach” and “modified categorical approach” in evaluating criminal records. For your information, here is a simplified summary of the topic.

Moon_River

I've got a permanent US B1/B2 visa which I applied for because I had committed an arrest able offence (for which I was cautioned and paid civil recovery albeit 20 years ago) and I was not eligible for an ESTA e.g. visa free travel.

I had my interview at the American Embassy in London. Paid my sixty quid fee. IIRC I queued up, handed in my documents. Waited. Then queued up again to get them back with the outcome on the same day. Like a twit I had not had the presence of mind to apply for my criminal record what was then a CRB check. That was proof I had no other entries on my record. Fortune was on my side and a verbal assurance that there were no other matters on my record was enough. Thankfully.

When I got my visa renewed ten years later, not surprisingly they requested sight of my criminal record which had no further or even previous entries on it. My B1/B2 visa was granted and I will renew it on expiry in a few years time.

Good luck.

tht

I assume you mean multiple entry… if it was permanent… you would not have needed to renew it… I know they used to issue “Green Cards” without an expiry date… but they were paper and I believe had no picture on it. my friend had one and was told to renew it all the time as it was “wearing out”, he has had it since he was a teen, but I believe he held out until he eventually got citizenship…

S Folinsky

Before 1980, the green card was form I-151. It was on paper, but at time of admission to LPR, the photo would be pasted on, the date of admission noted and then the whole thing would be laminated. So, it did have a pic. This was replaced by the I-551 “ADIT” card. The process involved taking the print of one finger and attaching a photo thereto. This was then run through some machine to generate the card which was forgery proof for a while. No expiry date.

in the mid-90’s, all I-151’s were declared invalid and had to be replaced by new I-551’s. Of course, there were typical government SNAFU but bye and bye, it happened. If memory serves me correct, it was about that time the 10 year validity was introduced.

The old I-551’s with no expiry date are still valid, but they look pretty ratty by now. DHS had issued proposed regulations to invalidate those cards, but it was never finalized. That said, the POE people hassle those with the old cards.

On the non-immigrant side of the house, the old “Bouroghs” visa stamps would be endorsed for indefinite multiple entries in the pre-visa-waiver days.(As an aside, in the movie “Argo” it shows consular officers taking sledge hammers to the Bourroghs plates when the embassy was invaded. I found that to be a nice touch.) Bye and bye the definition of indefinite was changed to 10 years. So, you don’t see them any more.

BTW, the Bouroghs visas did not have a pic. However, many consular posts would have “counterfoils” which were currency quality and would be affixed by the consular officer before the visa was stamped over the counter foil. In high fraud posts (e.g. Lagos), a photo would be affixed on the back of the page with the visa and an impression seal would over the photo, visa and photo.

shiversaint

I believe it's just a normal slot. No real difference noticeable.

febhotsauce

Hi all,

Small development here, and want to check this won't alter my chances and how I should deal with it.

I just got SAR from local police force, and the crime arrested for was Criminal Damage (attempting to smash multiple windows). The outcome was FPN for DISORDERLY CONDUCT. During the interview we watched CCTV and it was clear I didn't touch any windows (although my friend did), and actually just moved a garbage bin in front of one (this is in the interview notes).

I'm now worried that Criminal Damage may be CIMT, even though this is not what the outcome of the case was.

My ACPO SAR just says FPN DISORDERLY CONDUCT. I'm thinking I just take the ACPO Certificate (which says NO TRACE), and the ACPO SAR which just highlights the outcome.

Thoughts on this?
Will I be expected to show local police custody records if I take both of the above documents?

Thanks

febhotsauce

Just to be clear, nothing was actually broken or damaged.

PetrifiedExPat

You will need an attorney for your case, and I can not offer any advice of course. If I were in your shoes though, I wouldn't be losing too much sleep over it.