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.

Croc

You do not have a conviction the matter was dismissed.

The Judge did find you guilty but gave you a slap on the wrist.

MagicSean

Croc wrote: »

You do not have a conviction the matter was dismissed.

The Judge did find you guilty but gave you a slap on the wrist.

He wasn't asked if he had a conviction he was asked if he had been arrested.

Op a public order charge isn't a major thing in a visa. They are more concerned with drugs and theft charges. Whatever you do dont lie about it. If they find out you lied on your app while you are over there you could find yourself in hot water.

seamus

"Offences of moral turpitude" are what you usually have to declare - whether you've been convicted or arrested for one.

Breach of the peace doesn't fall into that category. However, you have a legal agent making the application on your behalf so ring them up directly and discuss it with them and let them decide if it's relevant.

It most likely isn't.

Oranage2

I've heard many cases like yours being refused a visa for small offences so maybe you should lie.

deravarra

I'd declare it if I were you ... did you tell Fragomen yet?

Croc

k_mac wrote: »

He wasn't asked if he had a conviction he was asked if he had been arrested.

Op a public order charge isn't a major thing in a visa. They are more concerned with drugs and theft charges. Whatever you do dont lie about it. If they find out you lied on your app while you are over there you could find yourself in hot water.

Sorry if I misled the OP i misread his post,

Thanks for setting me straight k_mac:

jollyguy

Deravarra im guessing you know where i work and yes i did.

I dont think lying about it is in best option,if caught barred for 10 years. I have talked to the law firm but they are from the states and said that they do not know irish law that well and need to investigate further.

He did get back to me and say that i plead guilty and that in the US is a convicition and the US immigration will look at it that way.

deravarra

jollyguy wrote: »

Deravarra im guessing you know where i work and yes i did.

I dont think lying about it is in best option,if caught barred for 10 years. I have talked to the law firm but they are from the states and said that they do not know irish law that well and need to investigate further.

He did get back to me and say that i plead guilty and that in the US is a convicition and the US immigration will look at it that way.

I think you have decided on the best option. I know the firm are pretty rigorous and will not recommend you apply for the visa unless they are 110% sure you will get it - provided they know what you know...

If you are told by the company that it's not advisable to head over there, then you need to look at how you address the matter with your employers.

I think the best thing now with regard to your employers is to do one of two things:

1. be completely honest and hold the hand up ...

or

2. concoct some kind of plausible excuse to suggest you cannot go over.