H1B Previous conviction

[Blandben 0]

30 years ago I had a custodial sentence of 3.5 years in the UK for attempted robbery.  

 

I have now been offered a job in the U.S. that would be covered by an H1-B.

 

Am I ineligible, can anything be done.  It was 30 years ago.  I was 20 at the time.

The UK conviction was spent in 2000, so 20 years ago.

Edited April 8 by Blandben
adding information

[Blandben 0]

https://unlock.org.uk/advice/travelling-america-usa/#:~:text=If the arrest resulted in,the United States visa law.

 

 

[Boiler 45,749]

So this is a job not subject to the Cap or did you come up in the lottery?

[Blandben 0]

Not subject to the cap, I'm a 'specialist' by experience and education.

[Sinead91 249]

While there is nothing on the employer end that needs to state this, it may come up in your consular appointment when you go for stamping. I would have supporting evidence of court cases / exoneration for your interview in the case that it comes up. 

[Boiler 45,749]

Presumably the Employer knows about this, does their Immigration Lawyer?

[Blandben 0]

No, I haven't mentioned it to the employer; it was 30 years ago and blanked by the UK.  It only occurred to me this weekend when I started looking the visa up.   

I could...?

[Boiler 45,749]

27 minutes ago, Blandben said:

No, I haven't mentioned it to the employer; it was 30 years ago and blanked by the UK.  It only occurred to me this weekend when I started looking the visa up.   

I could...?

I am not sure where you are in the process but all the applications I have filled in have asked about criminal history, have they got as far as background checks?

[limegreenbowler 45]

A UK conviction that is spent after ten years is still considered a conviction for U.S. immigration purposes. You will need to disclose this on your DS-160 and bring your ACRO police certificate to the interview. If your ACRO shows no live trace, they will ask you to bring the stepped down information. If you are ineligible, an officer may recommend a waiver for you (or they may not--it's at their discretion), but waivers do take about nine months to process.

If you have been traveling on ESTA without disclosing this, you open yourself up to an additional inadmissibility for misrepresentation. 

 

You should probably talk about this with the company's (or your own) attorney.

[kzielu 1,149]

5 hours ago, Blandben said:

Not subject to the cap, I'm a 'specialist' by experience and education.

 

Not sure if you talk about the same thing as Boiler - cap exemption for H-1B has nothing to do with being specialist. If you're not cap exempt, you next H-1B chances are deep into next year.

[Blandben 0]

1 hour ago, limegreenbowler said:

If you have been traveling on ESTA without disclosing this, you open yourself up to an additional inadmissibility for misrepresentation. 

 

 That is the other thing that came up this weekend - I just assumed that after 20 years (and with the altered ESTA question) it was all processed. 

It's more of a mess than I realised.  This would be better if the ESTA question was clearer.   

[limegreenbowler 45]

18 minutes ago, Blandben said:

 That is the other thing that came up this weekend - I just assumed that after 20 years (and with the altered ESTA question) it was all processed. 

It's more of a mess than I realised.  This would be better if the ESTA question was clearer.   

The ESTA criminal question (unlike the drug one) is unclear enough that you will probably be ok here, but it's a question you should be prepared to answer. 

[SalishSea 17,974]

9 hours ago, Blandben said:

No, I haven't mentioned it to the employer; it was 30 years ago and blanked by the UK.  It only occurred to me this weekend when I started looking the visa up.   

I could...?

You absolutely need to answer all questions pertaining to criminal history and provide ALL court documents.   Even if it isn’t found on a current police report.

[Blandben 0]

I've applied for the ACRO certificate, and am going to talk with the company.  

[Crazy Cat 41,985]

**Comment removed in favor of new topic***