Arrested and American Visa

jollyguy

Hey guys
So work have asked me to go to the states for the next year and a bit. I said great no bother, but when the law firm that are dealing with our visa asks "have i ever been arrested for anything" i had to say yes(balls).

So i was arrested for breach of the peace Section 6 of the Criminal Justice (Public Order) Act 1994 and section 8 failing to Failure to comply with the direction of a member of An Garda Siochana in other words i was drunk. I was summons to court and paid a charitable donation and gave me section 1 of the probation act. So no charge or convictions.

Ive got a police cert saying ive no convictions and the 2 courts orders saying that it was dismissed.

My question is how serious is this when applying for a work visa? Can they refuse me for being a drunk fool on this 1 occasion when ive no other record for anything. If work find out i could be in a spot of bother. Thanks.

Ponster

All I can tell you is that in regards the visa waiver program, it's not a question of if you have been arrested or not but what you were arrested for and being drunk would not be classed as something that could put your visa at risk.


This file gives you an idia of the crimes that are referred to when we speak of "moral turpitude" (as is referred to in the Visa Waiver program). As the VWP also allow you to conduct business as well as travel as a tourist I wouldn't imagine that a B1-type visa would be more strick as regards any past arrests.



Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Naked Lepper

the usa visa waiver programme asks if you have ever even been arrested

and if the answer if yes, then you need to go to the embassy to get a visa

i have friends who travelled to the usa in the last month with criminal convictions in ireland / uk and said no for all the questions. neither of them had any issues getting into the states.. they wont have access to the garda files.

Ponster

Naked Lepper wrote: »

the usa visa waiver programme asks if you have ever even been arrested

Not exactly. The full text is in my post above yours :

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance?

mikedragon32

Lads, it's a working visa he's applying for!

Yes OP, they may well query the circumstances of your arrest, but it appears that you have all the supporting documentation you require. I wouldn't worry. As for your work finding out, that's a different matter entirely!

Ponster

mikedragon32 wrote: »

Lads, it's a working visa he's applying for!

True, and at least in my interviews for the L1 (similar to the H1B) visa I was asked to complete the same questions as were presented in the "visa waiver" (along with millions of others)

jollyguy

Ive been to the states numerous times since the incident and have siad no cos for going for a holiday they ask "Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance". Im going for a working visa and its one of the questions have i ever been arrested for anything, ive to go for an interview with the embassy aswell and its going to come up.

The law firm dealing with the case siad that cos i plead guilty the us immigration will see this as a convicition by us law.

helimachoptor

Op, you will see an actual person during your interview and they will ask about it just be honest. Chances are if it was a long time ago they'll give you the benefit of the doubt and put it down to you be young and foolish.