Need help about problem I had in the past.

[Gary and Alla 3,694]

Hi Everyone

I had a few concerns I wanted to address and any feedback would be greatly appreciated.

This is my first time on this site. I have a question to ask you about the visa. In 2006 I came to the U.S with J1 visa, I allowed to work for 3 months and 1 month ( 30 days grace period) to travel. My DS 2019 started from 03-08-2006 until 06-09-2006. I worked with the first employer who signed me a job offer form for 2 and a half months.

Here is the story that may cause me a problem. I have made a big mistake!! I was bad!! I got fire from the first job from stealing some money. They told me to write the letter to confess that I took some money, then they released me. I didnt get arrested or go to the police station or anything. My first employer said I only write the letter and then leave the job basically I got fire, they promised me they would not report to the immigration or my sponsor. After I left the first job I continued looking for another job, a week later I got a sec job and work there until the end date of DS2019 and stay in the U.S for 1 month to travel and back to my country before my visa get expired. My sponsor of the work and travel program in my country asked me to report my arrival so I checked my status everything was fine.

Now Im applying for K1 visa and now waiting for the P3, I am so worried of the problem I had done. Will this affected to my visa? If the company who fired me report to the immigration would I cause of an overstay ?? I know I shouldnt have done this bigggg problem!! what should I do???

Thank you so much you guyss!!

I do not understand. Overstay? Were you overstaying a visa in the USA when you got fired?

The circumstances of your firing mean nothing to the USCIS, or the consulate, they do not check those things and you have no criminal record. Where does the overstay happen?

To be clear, an "overstay" is when you STAY in the United States beyond the term permitted by a visa or VWP entry. NOTHING else can or does create an overstay.

Thank you for all your replies. I 've read on the internet that if the person come to the U.S with J1 (work &travel) and quit the first job ( not complete the program on time on the ending date) that's mean you cause of an overstay cuz the employer will report to INS, or USCIS.

And i was concerned about the problem; stole the money from the cashiering but after I get caught I got fired and move out of the employees house. I wasnt sure if the USCIS will know this problem when they check for my criminal recorded while I was in the states.

Thank you again! Wish you a good luck on everything!

Not so fast, sweetheart!

You said nothing of a J1 in your original post. Dlo you think by concealing information you will get accurate answers? Noe I understand you were not confuesed at all about what an overstay is, were you?

If you are here on a J1 visa and you quit the job for which the visa was issued you must immediately return to your country. If you did not, you overstayed your visa and you DO have a problem. YES the employer WILL report this to USCIS. Normally USCIS does not check with employers but I can assure you the letter you sigend was sent to the USCIS with the cancellation of your visa (or notice that you had quit the job, thereby nullifying the visa.) You then said you got another job...illegally?

Normaly USCIS doe snot check employers, and I had no idea you were even in the USA.

I retract my previous answer. Depending on what other details you feel like providing and when, you may have a serious problem indeed.

Personally...I feel like I was tricked into giving an answer you wanted to hear. Good for you. The surprise for you is, USCIS knows the truth whether you tell us or not

If you read up on my original post, yes I did mention of the J1 visa. I just want to know if my k1 visa will be ok. I wrote the the confession letter cuz the first employer didnt have an evidence such as a camera recorded that shown I stole their money. And they didnt call up tye corp or send me to the police station. They will not report or do anything until I sign the paper. As they give a promise to me. So that time I thought it would be ok to stay in the U.S and leave before my DS2019 was expired. Thanks for your answer again.

My mistake for not reading the original post more carefully, and I retract my indignation, but not my second answer. as Pushbrk says you will find out if the theft (moral turpitude) was reprted or not as the employer said.

[WelshDave86 0]

If your employer DID report you, you would have had to be out of the country within 7 days. If your employer said they wouldnt report it and you got a certificate it seems you are fine.

Have u attempted/succeeded in travelling to the USA since? If you have and have been allowed in then you are definitely not registered as having previously overstayed.

Also, have you registered on the ESTA Visa Waiver Programme to see if they authorise you? Cos that may show up whether or not you are allowed back in to the USA.

Give it a go!

[kike 0]

She did mention the J1 on the original post. I think a retraction is in order

[keithNvaleria 0]

It seems that the OP's major concern is whether or not the first employer made a report of the accused criminal activity. Most employers have no desire to do anything other than protect their interest. It does nothing for them; if they file reports with USCIS about alledged crime on your part. To do so, opens them for cival litigation. Unlike other countries, in the United States, every person has a presumption of innocense under the law; unless they are charged and proven guilty, beyond reasonable doubt in a court of law. The first employer seemed very satisfied to know what happened and then to solve their problem by terminating the employment relationship. In todays litigious society, anyone would be hard pressed to get anyones previous employer to say anything bad about a prior employee. They simply have nothing to gain and everything to lose.

[cdneh 3,112]

She did mention the J1 on the original post. I think a retraction is in order

There is one, if you read up a post or two.

[joy1979 0]

my interview will be in next month... I hope this the USCIS or the consulate will not call to the first employer but i am not sure about that...

seem like i will have to wait and see how the interview goes..

[MRStee 19]

From what Jenn says, you sound good to go