can someone work in usa if been arrested before?
Discussion
so if someone has been arrested, charged and gone to trial for something not very nice ( no not terrorism ) but was found completely innocent can they work in the usa re visas etc?
if its for an internal position in their company and they want to apply how does it work with visas - if they get the job do they automatically get the visa or do they need a visa first? is the visa temp or permanent?
no idea how it works?
thanks
if its for an internal position in their company and they want to apply how does it work with visas - if they get the job do they automatically get the visa or do they need a visa first? is the visa temp or permanent?
no idea how it works?
thanks
A job offering will have no affect on the visa application itself....
There are many different visa classifications for internal transfers etc. and it all depends on both you and the company that you work for.
Ultimately - you are at the hands of HLS - it is up to them. The visa process can take a while, but honesty on your application goes a long way.
Usually visas are time dependent and may be extended / reapplied for. You may be offered a green card - but the application takes a lot long and is more expensive, but is seen as permanent residency in the states.
There are many different visa classifications for internal transfers etc. and it all depends on both you and the company that you work for.
Ultimately - you are at the hands of HLS - it is up to them. The visa process can take a while, but honesty on your application goes a long way.
Usually visas are time dependent and may be extended / reapplied for. You may be offered a green card - but the application takes a lot long and is more expensive, but is seen as permanent residency in the states.
Just because you get the job does not necessarily mean that you will get a visa to work there.
If we are talking what they term as an intra company transfer on an L1-A or L1-B visa, then the company has to prove whey they are bringing in a foreigner to do a job that an American cannot do.
L1-A is for senior company managers and L1-B is for somebody with detailed technical knowledge.
If you are, for example, a welder, then forget it.
Your company will use the services of a US immigration lawyer who will take all the details and file a petition on your part.
This usually takes 1-3 months depending on complexity and you are not even supposed to travel to the US once the process starts and you are approved.
Arrests won't count for anything on your record but convictions will.
If you are successful in your application, you get a visa in your passport and an I-797 form.
The visa is valid for 5 years and the 797 valid for the first year and then has to be reapplied for every 2 years after that.
If you are a naughty boy over there, your 797 will not be renewed and you are out.
On your visa, you can only work for the company that sponsored you. Get fired and once again, you are out.
If you have any more questions, feel free to PM me.
If we are talking what they term as an intra company transfer on an L1-A or L1-B visa, then the company has to prove whey they are bringing in a foreigner to do a job that an American cannot do.
L1-A is for senior company managers and L1-B is for somebody with detailed technical knowledge.
If you are, for example, a welder, then forget it.
Your company will use the services of a US immigration lawyer who will take all the details and file a petition on your part.
This usually takes 1-3 months depending on complexity and you are not even supposed to travel to the US once the process starts and you are approved.
Arrests won't count for anything on your record but convictions will.
If you are successful in your application, you get a visa in your passport and an I-797 form.
The visa is valid for 5 years and the 797 valid for the first year and then has to be reapplied for every 2 years after that.
If you are a naughty boy over there, your 797 will not be renewed and you are out.
On your visa, you can only work for the company that sponsored you. Get fired and once again, you are out.
If you have any more questions, feel free to PM me.
You (sorry, your mate) was acquitted. This means that you, sorry, he, was proven beyond all reasonable doubt to be innocent. End of story. You're clean. You're even cleaner than I am because I haven't ever had to be questioned. You've been questioned to the full force of the law and got away with it, sorry, found innocent beyond all reasonable doubt. That's it done.
Glasgowrob said:
Arrested but not guilty
Not even worth mentioning
No conviction resulted so unless it's something extreme ie international drug smuggling or something that would flag you up to international crime agencies forget it
Not even worth mentioning
No conviction resulted so unless it's something extreme ie international drug smuggling or something that would flag you up to international crime agencies forget it
wouldnt flag up but says on the visa form you have to say if you were arrested even if not convicted i think?
battered said:
You (sorry, your mate) was acquitted. This means that you, sorry, he, was proven beyond all reasonable doubt to be innocent. End of story. You're clean. You're even cleaner than I am because I haven't ever had to be questioned. You've been questioned to the full force of the law and got away with it, sorry, found innocent beyond all reasonable doubt. That's it done.
You have to be found guilty beyond all reasonable doubt.If not found guilty that doesn't mean you're innocent beyond all reasonable doubt, it just means there was reasonable doubt as to your guilt.
OP - There are lists and registers of people of interest which may be checked upon, I think it very much depends on what you were arrested and charged with. Only one way to find out, make the application and answer all questions honestly.
Exactly.
Being arrested for non payment of council tax, which happened to be a mistake on the part of the council would be viewed very differently to being arrested (as an extreme example) for kiddie fiddling and the CPS decided that the 4 year old could not provide reliable evidence to secure a conviction.
Best to be honest on the application to avoid having to be mindful about dropping the soap in San Quentin if it all goes Pete Tong
Being arrested for non payment of council tax, which happened to be a mistake on the part of the council would be viewed very differently to being arrested (as an extreme example) for kiddie fiddling and the CPS decided that the 4 year old could not provide reliable evidence to secure a conviction.
Best to be honest on the application to avoid having to be mindful about dropping the soap in San Quentin if it all goes Pete Tong
It sounds like the OP is asking about an intra-company transfer, which would suggest L1A or L1B - though it could just as easily be an E1 Treaty Trader petition potentially.
First thing to be aware of is that the beneficiary does very little. All the legwork is done by the petitioner (i.e. the employer). Needless to say the job offer is entirely dependent on a successful petition.
In the case of L1A or B, the beneficiary must have been in continuous employment for 12 months in the previous 36, as a start point. Contrary to popular belief an L1 petitioner does not have to demonstrate that the role is not practically assignable to a USC - that comes a lot further down the line (as a part of the PERM process) - as L visas are temporary - so not subject to labor certification scrutiny.
I suspect (because I can't remember from my own petition) that the question, "Have you ever been arrested, for any reason?" is asked. Not, "Have you ever been convicted?" All the folks on here suggesting that the fact that you were found not guilty means you don't need to mention it are giving you poor advice.
All employment visa petitions are background checked by USCIS - if there is a "live trace' on your file, they will be aware of it once your petition is filed. If untruthful declarations are discovered in your petition, it will be denied - no question.
I'm not an immigration lawyer, but I have quite a lot of experience in this area, both as a beneficiary (L1A, E1 and H1B) and as a petitioner (L1B and H1B) - if in doubt seek professional advice, which you will have to pay for. I'd be happy to share my experience - but Iike everyone else on here, I suspect, my opinions are just that - opinions.
First thing to be aware of is that the beneficiary does very little. All the legwork is done by the petitioner (i.e. the employer). Needless to say the job offer is entirely dependent on a successful petition.
In the case of L1A or B, the beneficiary must have been in continuous employment for 12 months in the previous 36, as a start point. Contrary to popular belief an L1 petitioner does not have to demonstrate that the role is not practically assignable to a USC - that comes a lot further down the line (as a part of the PERM process) - as L visas are temporary - so not subject to labor certification scrutiny.
I suspect (because I can't remember from my own petition) that the question, "Have you ever been arrested, for any reason?" is asked. Not, "Have you ever been convicted?" All the folks on here suggesting that the fact that you were found not guilty means you don't need to mention it are giving you poor advice.
All employment visa petitions are background checked by USCIS - if there is a "live trace' on your file, they will be aware of it once your petition is filed. If untruthful declarations are discovered in your petition, it will be denied - no question.
I'm not an immigration lawyer, but I have quite a lot of experience in this area, both as a beneficiary (L1A, E1 and H1B) and as a petitioner (L1B and H1B) - if in doubt seek professional advice, which you will have to pay for. I'd be happy to share my experience - but Iike everyone else on here, I suspect, my opinions are just that - opinions.
This (as Matt has stated good advice)
You will have to detail you/your mates arrest in the application. You/your mates immigration lawyer can help you understand if the crime is of moral turpitude. If it is, you/your mate have no chance of visa.
I am an L1A living in the USA with a GC on its way.
Also L1 (EB1 category) is not subject to Perm rules.
Best of luck to you both.
You will have to detail you/your mates arrest in the application. You/your mates immigration lawyer can help you understand if the crime is of moral turpitude. If it is, you/your mate have no chance of visa.
I am an L1A living in the USA with a GC on its way.
Also L1 (EB1 category) is not subject to Perm rules.
Best of luck to you both.
If not in the Security check then don't worry, I have had a disclosure check in 2013 to join my current company. I know my brush with the law is not mentioned on the report, so when I had to do it for my 457 (I know its not USA) Visa in Australia, I declared the brush with the law to the company lawyers, they get to decide for themselves if its necessary to declare.
My company already knew about it, but didnt care as it was not a big deal, but big enough to go on my record for a few years.
My company already knew about it, but didnt care as it was not a big deal, but big enough to go on my record for a few years.
Guy I know and his family went out few years back. His was work visa, new job though, but she had a pretty bad crim record for multiple fraud things, that US don't like at all.
But it was all in her maiden name, same as her passport was, so she got a passport in married name, went to embassy for interview, got visa same day!
Just kept schtum about it and they never picked it up!
So the "checking" is worryingly lax, as he DOB would have shown it, and as I say, it wasn't a minor indiscretion, it was multiple fraud offences!
So in this case, unless you pique their interest for other reasons, (profiling, ahem!)I'd not be surprised if they find out nothing unless you tell them. Which of course, you should.
But it was all in her maiden name, same as her passport was, so she got a passport in married name, went to embassy for interview, got visa same day!
Just kept schtum about it and they never picked it up!
So the "checking" is worryingly lax, as he DOB would have shown it, and as I say, it wasn't a minor indiscretion, it was multiple fraud offences!
So in this case, unless you pique their interest for other reasons, (profiling, ahem!)I'd not be surprised if they find out nothing unless you tell them. Which of course, you should.
I'm sure it's completely hit and miss. Back in 2005 the US subsidiary (that I was in charge of) of the company I was employed by petitioned an L1-B for a UK based engineering technician. I worked with our US based immigration attorneys in the preparation of the petition. Having done several others previously, this petition was (on paper) a slam-dunk.
The petition was denied because the beneficiary had failed to disclose a drink driving conviction (that was about 4 years spent). How USCIS discovered his conviction, I don't know (and they certainly didn't share).
The frustrating aspect of all of this was that had he declared it, the petition would have most likely been approved. It was the fact that he lied and got busted, that screwed him (and us, as the extortionate fees are not refundable for denied petitions).
The petition was denied because the beneficiary had failed to disclose a drink driving conviction (that was about 4 years spent). How USCIS discovered his conviction, I don't know (and they certainly didn't share).
The frustrating aspect of all of this was that had he declared it, the petition would have most likely been approved. It was the fact that he lied and got busted, that screwed him (and us, as the extortionate fees are not refundable for denied petitions).
petemurphy said:
Glasgowrob said:
Arrested but not guilty
Not even worth mentioning
No conviction resulted so unless it's something extreme ie international drug smuggling or something that would flag you up to international crime agencies forget it
Not even worth mentioning
No conviction resulted so unless it's something extreme ie international drug smuggling or something that would flag you up to international crime agencies forget it
wouldnt flag up but says on the visa form you have to say if you were arrested even if not convicted i think?
Interviews are also done in Edinburgh and Belfast.
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