Georgey38

Hi

I'd like your opinion on my current situation as I have my VISA interview next Tuesday for a work conference in Nashville Tennessee lasting 3 days.

I am 38 years old and have the following convictions from when I was 19/20 years old:

1999 - GBH section 20 - 3 months young offenders institution
2001 - Forging car insurance certificate - Fine £200
2001 - GBH - Community punishment order & fine £200

Since 2001 I have not broken any laws and have subsequently gone on to qualify as a chartered accountant. Basically I was an immature, angry young man but have changed my life around since then quite dramatically. I have been employed by a US company since 2002 and have worked my way up to CFO. One other thing to mention is that in 2003 I entered the US via the VISA waiver form on the plane, I know ignorance is not a crime but the work colleague I travelled with said that she'd take care of all the paperwork so let her hande things. Ignorance is not an excuse but I'm hoping my honesty in stating this will help me.

In your experience how likely is it that I'll get a VISA and be allowed to travel to the work conference for those 3 days?

Appreciate anyone's thoughts, thanks.

az2014

When is the conference?

Georgey38

Its the 24th September. I know that's really short notice and may not get it in time even if I'm approved but this could potentially be an annual conference so I'm going through the process anyway.

Rete

You will get a VISA if you have a good credit standing in your country. VISA is a trademark for a credit card. You are asking about a B-1/2 Visa. It is up to the CO who interviews you. Your crimes were 16/17 years ago. So I would think you have a strong likelihood of getting an affirmative decision based on those crimes. However, having entered the US under the Visa Waiver Program when you clearly were not entitled to do so, might swing it against you. Just hope it doesn't go into administrative processing as that can take months for the final decision. BTW, stupidity when travelling internationally should be a crime. Why would you sign something that you obviously didn't read and didn't complete and then claim ignorance?

You are working for a US based company in the UK, right? Not in the US, correct?

Georgey38

Yes, we are a UK Ltd company in London but are 100% owned by a US parent company based in Nashville. With regards to why I let her handle the paperwork, my employer at that time did not know I had a criminal record, they never asked so I never told. I was then asked to go to work in the US for a week about a month into my employment so had no choice but to use the visa waiver or more than likely lose my job. Not the best idea but I was young, really liked my new job so I took the risk and went ahead with it. I'm just going to come clean and tell the truth and hope that they judge me on my character over the last 15 years rather than the person on the criminal record sheet from 18 years ago.

Rete

Uh Oh, you do know that you have just added fuel to the little campfire you have lite. You are not allowed to use the VWP to enter the US to work for one day, let alone for one week.

Georgey38

I did not earn any money whilst there. We observed how our US office did something to apply it to the UK office back home.

Rete

Terminology is everything. You wrote to work in the office. Money does not have to cross hands to be considered work. If you are asked the purpose of that visit, please watch how you word your reply.

Georgey38

Good advice, thank you. Any other tips for my situation would be greatly appreciated i.e. advice on how you'd play this if you were me. And please don't say 'don't bother going!'

Rete

Instead of saying you went for work. It was a business trip. The word work is taken to mean physical expenditure of energy. Business is taken as consulting with counterparts in the US, etc. You only answer the questions that are asked. Do not elaborate on the reasons. As it often said here "if you are asked do you know what time it is" the correct answer is "yes". Personally, I find that stupid. If I'm asked do you know what time is it indicates that the person wishes to know the time.

scrubbedexpat099

Depends if you need a waiver or not. Will e OK for next year if you need a waiver.

mikelincs

His biggest problem might be if he IS recommended for a waiver, as he states that his current employers are NOT aware of his previous criminal record, be recommended for a waiver will immediately throw up the 'why is a waiver needed' that will disclose his criminal record and MIGHT just put his employment in jeopardy.

Georgey38

Thanks for the reply. Can you expand on your response? To be honest, it isn't the end of the world if I do not get the visa in time for the trip this month but more that I get accepted as this could be an annual trip I'd need to make. In your opinion, what do you think my chances are?

BenK91

Impossible question to answer. All depends on your circumstances and the IO you get.

scrubbedexpat099

It is not in the main a chance based process, would depend on the details of your case.