J1 Visa with 2 arrests?

ldxo15wus6fpgm

Hi all.
First let me say I'm ashamed to have to ask about this!

When I was 16 (now 21) I was rightfully arrested for being drunk and disorderly. I was taken to the station and I was later given a formal caution and that was the end of that.

At 19 I was wrongfully arrested for theft - I was immediately released with no station visit, I was just in the wrong place at the wrong time (in the wrong clothes!)

Can anyone shed some light on whether I have a chance at obtaining a J1 visa even though I have multiple arrests and a caution to my name?

Thanks.

hearny

I'd say you will be grand, contact the station and ask them if there is anything on your record.

The warning probably would not go on there, you were released without charge the second time.

If they say your record is clean apply for the J1.

silja

I agree with hearny. The first is a caution, not even a conviction, was when you were a minor, and not a crime of moral turpitude. The second was not a conviction- so even if it shows up on your record/ they ask about arrests, all you need to do is explain it was in error (and they'll be able to see that, as you were not taken to court, never mind convicted).

Dave2k10

You'll be fine, unless you were given a criminal conviction in court you should be grand.

batistuta9

Would you be refused a J1 with convictions or is it a case by case process?

Dave2k10

As far as I know, you won't even get in for a two week holiday if you have a conviction. They are fairly strict and wouldn't have the time for a case by case process.

batistuta9

Dave2k10 wrote: »

As far as I know, you won't even get in for a two week holiday if you have a conviction. They are fairly strict and wouldn't have the time for a case by case process.

The immigration officers or the J1 application process people?

it's something i've never been sure about, i've heard stories of people getting refused entry by immigration officers after getting to the US - non J1 though - so thought you could get a visa but that it's pretty much up to them to let you in - in a case to case way

i think you need a visa to even get on the plane, right? So can you even get a visa with a conviction to attempt to get in?

Dave2k10

There are two ways for a non US citizen/green card holder i.e. myself and yourself to get into the states.
The first is the visa waiver program which people also call a holiday visa. Its called a visa waiver because it is used for a holiday (maximum of 90 days), where you don't require a Visa.
The second is to get a visa i.e. 12 month graduate/J1 or any other type of working Visa. From what I know, you must attend an interview in the US embassy to be granted any of these Visa's. Before your embassy interview, you must fill out an online form and disclose any convictions etc. you have. On seeing these in the embassy, the chances are that they will not grant you a Visa. I don't know if you can lie and get away with it, as I obviously don't know if the embassy would have the power to posses info on a persons previous convictions.

So to answer your question, the chances are if you have a conviction and want a visa, the embassy will refuse you.
If you are granted a Visa, I imagine the officer at border control isn't too concerned about you because as far as he is concerned, you have already been checked out by the embassy.
If you try and go on a holiday (90 day visa waiver), its up to him to question you on any convictions etc. and he obviously has the power to put you back on a plane home. Also, like the application for a Visa, if you want to go on a holiday, you must fill in an online form before your flight which you must disclose any convictions etc.

I'm not an expert on this and very much open to correction. This is what I've learned from three summers (one 90 day holiday and two J1's) in the states and have an interview next week for a 12 month graduate Visa.

Hope this helps!

BuffyBot

So to answer your question, the chances are if you have a conviction and want a visa, the embassy will refuse you.

Not nessecarily true. It's very much dependent on the nature of the convinction, sentence recieved and how long ago it was. So it's not a foregone conclusion at all. And yes, even with a visa the immigration officer can be very interested in having a chat with you: sometimes more so than visa-waiver using travellers.

Even some minor offences (such as traffic ones) may not preclude someone from using the Visa Waiver program. The simple answer to this question is that there isn't one. It's a massively complex area, because each person's circumstances change the ball game.

bertstan

This exact situation happened to me last summer in Santa Barbara! How did you get on? was there any major delay getting your visa? im going on a j1 this year again and am fairly shook about the whole thing. Any rely would help a lot thanks!

DyldeBrill

As far as I know , unless you have been convicted in court, then your graaand!

Ring for good measure just in case

bertstan

Ye iv tried ringing the embassy and what not cant seem to get a straight answer . cheers for the reply!