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Blandben

H1B Previous conviction

By Blandben in Work Visas

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Blandben Rookie

Blandben   0

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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.

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Boiler Grand Master

Boiler   45,449

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Filed: K-1 Visa Country: Wales
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So this is a job not subject to the Cap or did you come up in the lottery?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Sinead91 Enthusiast

Sinead91   249

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Filed: Lift. Cond. (pnd) Country: Ireland
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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. 

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Boiler Grand Master

Boiler   45,449

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Filed: K-1 Visa Country: Wales
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Presumably the Employer knows about this, does their Immigration Lawyer?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,449

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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?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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limegreenbowler Apprentice

limegreenbowler   45

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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.

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kzielu Experienced

kzielu   1,149

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Filed: Citizen (apr) Country: Poland
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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.

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Blandben Rookie

Blandben   0

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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.   

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limegreenbowler Apprentice

limegreenbowler   45

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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. 

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SalishSea Grand Master

SalishSea   17,803

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Filed: Lift. Cond. (apr) Country: New Zealand
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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.

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Crazy Cat Grand Master

Crazy Cat   41,814

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

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