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US Working LVisa for a UK national with a Crim Record.

P298

New Member
I'm a UK national with a criminal record. I have travelled frequently to the US and always said i didnt have a record on the visa waiver form and have never been stopped on entry.

However, i may be transferring to the US office of our company under an LVisa (a work transfer visa). I will be required to submit my Subject Access from the UK which will show my record. I was given a community service punishment for possession of a class A drug about 5 years ago.

From people's experience/understanding/knowledge of work visa's for the US, am I likely to get refused my LVisa? And will this therefore mean I will not be able to enter the US again under a Visa Waiver?

I appreciate there are plenty of threads of a similar nature but all pertain to the Visa Waiver rather than a work transfer visa.

Thanks for your help
 
P298 said:
I'm a UK national with a criminal record. I have travelled frequently to the US and always said i didnt have a record on the visa waiver form and have never been stopped on entry.

However, i may be transferring to the US office of our company under an LVisa (a work transfer visa). I will be required to submit my Subject Access from the UK which will show my record. I was given a community service punishment for possession of a class A drug about 5 years ago.

From people's experience/understanding/knowledge of work visa's for the US, am I likely to get refused my LVisa? And will this therefore mean I will not be able to enter the US again under a Visa Waiver?

I appreciate there are plenty of threads of a similar nature but all pertain to the Visa Waiver rather than a work transfer visa.

Thanks for your help
If you tell them you have a record for class A's, then I think you'll likely run into serious problems and be refused a visa AND refused entry into the US for a substantial period - ever perhaps.

Also, if they link it with your previous visa waiver declarations, you could get busted for lying on the visa waiver form too.

I'd proceed with great caution.

:(

Woof
 
Having a company behind you on this can make a lot of difference.

I know someone who had been going to & from the US for years with his work (a major oil firm) with no problems but on his first visit after moving to a new company, he was detained by US customs, given the third degree & ejected because of a 30-odd year old conviction for growing a small amount of weed.
 
P298 said:
I'm a UK national with a criminal record. I have travelled frequently to the US and always said i didnt have a record on the visa waiver form and have never been stopped on entry.

However, i may be transferring to the US office of our company under an LVisa (a work transfer visa). I will be required to submit my Subject Access from the UK which will show my record. I was given a community service punishment for possession of a class A drug about 5 years ago.

From people's experience/understanding/knowledge of work visa's for the US, am I likely to get refused my LVisa? And will this therefore mean I will not be able to enter the US again under a Visa Waiver?

I appreciate there are plenty of threads of a similar nature but all pertain to the Visa Waiver rather than a work transfer visa.

Thanks for your help

Right now, this is a tad complicated, so bear with me. I think that the relevant US law (http://immigration.about.com/gi/dyn...rvi/ineligibilities/ineligibilities_1364.html) says that you can get a visa even if you have criminal record, provided you only committed the one crime and the maximum sentence for that crime doesn't exceed two years. Note: the maximum sentence possible, not the sentence you actually received. So if you have just the one conviction, and the maximum possible sentence for whatever you were convicted of doesn't exceed two years, you are OK.

What I don't know is if this law is specifically for tourist visas or appplies to all visas. However I suspect your main problem, as someone has already pointed out, will be that you lied on previous applications, and this will come to light when you submit your police record. The US authorities will most likely take a very dim view of this, so proceed with extreme caution.

Le us know how you get on.
 
I think the maximum penalty for possession of a Class A is seven years, so you may not be able to do it. Be extremely careful about previous experiences in the US in terms of lying to customs and immigration.

Hope your company knows about your conviction!
 
Hi Slaar, have there been other experiences of people who have lied on waiver forms and then applied for a visa afterwords? This is a scenario that I haven't looked into that much and I'd be interested to see how others got on.

Thanks
Tom
 
Hi Slaar, have there been other experiences of people who have lied on waiver forms and then applied for a visa afterwords? This is a scenario that I haven't looked into that much and I'd be interested to see how others got on.

Thanks
Tom

Looking at the established thread on US Visas and records would be a better idea - It was last active only a few weeks back.
 
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