pablogilano

hi all

I am going to be interviewed by a big us company and, i desperately hope, offered a job. Its a highly specialized field and the company has a successful history in employing many people from outside the US...so no problems...except I am now worrying about my own history. 13 years ago I was arrested for theft, fraud and deception...held in a cell for two hours, interviewed and 100% cleared without charge, warning, etc. (Fact of the matter was that I was conned by a car mechanic and ended up being given a fake MOT for my car...I went to get it taxed at the Post Office and the police arrested me...theft of the mot certificate, fraud and deception in using it).

Anyway,

Will this come up in the visa application background searches?

Do I voluntarily mention it?

I have been on holiday to the states since then 4 or 5 times and always said no to the arrest thing on the visa waiver as it sounds like those things don't apply to me...I have never had any trouble getting in.

cheers in advance

pablogilano

Bob

You might have a problem lying on previous visits...and you should disclose the arrest with proof that you were cleared for the interview.

But more importantly, unless the job is with a uni or something else that isn't capped, or your having a company transfer, you won't be getting an H1B visa for a while yet, as your employer can't apply for it till next April for a start date of Oct 1st, next year.

pablogilano

ok right...

but if it is not on my ncp file then what is the deal...can/will they still find out if I say no on the forms ??? and don't mention it in the interview.

As far as the form, I honestly believe the answer is no, and it asks me the question right, so it's my interpretation of the question that counts, surely?

from other posts, I can see that it is advisable to be straight if stopped and simply asked if i have been arrested but i don't feel I lyed on my previous visits as I honestly believe the answer is no to all the stuff about moral turpitude. Given that I was not charged and there is nothing on my police ncp file, I feel moraly sound, in fact I was the bloody victim in the whole affair...

does this sound like hogwash?

cheers

pablogilano

scrubbedexpat099

That is not actually relevant.

But back to basics, I believe the I94 only requires you to mention convictions, arrests only have to be declared when applying for Citizenship.

Ditto when applying for a H.

pablogilano

i don't think the h1b is a problem...i.e. it is a film job so they normally always make exceptions.

I'm just worried that I won't be offered the job if the employer sees the arrest as negative or a hassle for them legally...as they are the top company in this field, they can take the cream of the crop...(means I probably won't get the job anyway!)

I Suppose I should be brave and tell it straight as is...Do you think it would be better mentioned at the interview or after they make a job offer (assuming they do)

cheers

paul

Bob

well lying about being arrested at job interview doesn't set a good example, as they might ask what else you lied about.

And the visa being made an exception, they don't, so yes, that could be an issue. Actors get a different visa, I can't remember off hand, but I think it's either an P or O visa? anyway, that would be temp for the short term contract, not for anything remotely long term.

scrubbedexpat099

Usually you are asked about convictions, not arrests.

pablogilano

sorry..i think i haven't been clear...I never said I would lie about the arrest...Bob, you suggested I mention it, without reference to me being asked about it. If I don't mention it, and am not asked, then that is not lying.

I was talking about telling them in the interview of my own accord, even if they don't ask me...i have never been asked if i have been arrested in any job interview in my life! So I was not talking about lying.

Anyhow about the visa allocation...what happens is that in my field there is such a shortage of skill that most films wouldn't make it to print in time for release if foreign artists were not drafted in...yes it is short term, initially under exceptional circumstances, but then they get you in long term when the h allocation comes round again.

I just want to know what you think...should I come clean even if I am never asked about arrests, only convictions..."do you have any convivtions"? do i respond "no but i have been arrested" or straight "no"

I guess what I am worried about is that if nothing is mentioned in the interview, and then I am offered the job (still an unlikely dream come true!!!), and then my arrest comes to light when the company start sorting out my visa..it could look bad!

please advice constructively!!!!

cheers

paul

scrubbedexpat099

1, That is just stating the very obvious.

2. Thought that was what I said.

3. You need a Visa to work in the US, the common one is a H, which one are you talking about?

4. Only you can answer, seems that you have not mentioned it previously to past employers so why the big issue now?

5. How would that happen unless you tell them?

fatbrit

It asks arrests as well! OP is between rock and hard place as he had previous entries where undeclared. Suggest he uses attorney to ascertain his chances of lying and getting away with it. Silly thing is, if he had declared in first place would probably not have had much of problem. Spilt milk, eh!

Bob

Aye, that would be the major killing point....don't think H2B, seasonal could be winged out of this could it?

pablogilano

ok...everyone seems to be getting into a huff about this! I truly apologise If I have caused any friction. And I thank you all for at least engaging and reponding in this discussion.

anyway...the reason I came here with my question was that I thought the members here would be able to help me with advice of what to do...so can we please discuss!

ok... as for the visa...I am being set up for an interview for a permanant staff position which will commence in october/november...the employer has specified that it is worth me flying over for the interview in two weeks time as there is a definate position. They know I have no working visa and that I am a UK national. If they couldn't get me employed then I don't think they would waste their time let alone my time. They are a big company with probably 30-40% overseas staff in the department I am applying for...but all this is besides the point... I am not questioning the chance of obtaining a working visa with regard to caps etc...If you guys think this is a problem as you have mentioned then fine, I take that on board, but if you have any intention to help me out here then please can I get some ideas and solutions if there are any, with regard to the arrest problem.

All I need to know is what will I be asked either by the employer/USimmigration/or later when applying for the working visa, regarding arrests. Will the question be phrased like the I-94W where it is not just asking about being arrested but being arrested within certain parameters such as drug traffiking/ 5 year sentence/etc. In this case I can answer NO without lying

Or will the question be simply "have you ever been arrested". In this case I will have to answer yes.

I am worried now rather than when I holidayed in the US because I think the question may be phrased differently when I go for the job than on the visa waiver form...on these forums people are talking about it being a case of simply being arrested regardless whilst other people are engaging in debate about it being arrested within defined parameters...so I have no idea how to prepare myself.

The crux of it is...does anyone remember the exact phrasing of the question when it is being asked in the context of the working visa application...be it H/O/P or whatever.

cheers

Paul

fatbrit

No you can't!!! It asks about CIMT. Fraud is most often considered a CIMT, and you *were* arrested for fraud. Now there's certainly some wiggle room here for a swarmy lawyer to work with. But basically you probably lied on entry before and they usually hold this against you. You need a lawyer, PRONTO, if you have any hope of sorting this out!

pablogilano

ok

well i still feel that when I holidayed there, and they asked that question on the form, the answer was based on my intepretation of the question! but I take your advice that they will hold it against me. Maybe this is where the lawyer could "squirm" the most, with regards to interpretation?

so do i need the lawyer before interview...i may not even be offered the job and don't want to waste the money on the lawyer. or do i wait until I receive a job offer.

can I use a UK based lawyer...or US.. where can i find recommendations?

thanks

paul

fatbrit

Went and found the wording on the VWP for you...

B. Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

IMO, the answer is that you have indeed been arrested for a crime involving moral turpitude.

For lawyer try aila.org. You can arrange a phone or email consult to discover your options for $100 or so, I would guess.