# Working Visa With Criminal Record?



## GeordieScott (Aug 22, 2013)

Hi guys,

I have recently had an interview with a large American company, and have been lucky enough to have been offered a job. There are a shortage of American's that do the type of work that I do, so as a result the company has been recruiting from abroad.

Unfortunately I have a criminal record. My bad, I know. The conviction is for ABH. A punch up in a fast food place, the details of which, I guess are irrelevant. The offence took place almost 8 years ago, and the conviction is almost 7 years old. I was given a fine for my part in the incident, no prison time or community hours etc. The offence is now spent under the Rehabilitation of Offenders Act, however I know this does not exist in the US.

When the conviction was around 2-3 years old, I applied to travel to the US as a tourist. As I did not qualify for the Visa Waiver Programme. I applied for a Visa at the US embassy in London. I was denied a Visa, but told by the consular officer to re apply in a few years.

Since then I have married, bought a house and settled down. I'm currently 28 years old, so was around 21 at the time of conviction. I would suggest that I have grown up a lot in that time.

I guess what I would like to know is, what are the chances of being granted a work Visa? This is an opportunity of a lifetime for me, I work in a trade that the US are actively seeking from abroad.

Any help or advice you can offer would be much appreciated.

Cheers


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## Crawford (Jan 23, 2011)

Have you told the company about this offense?


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## twostep (Apr 3, 2008)

You have to disclose the offense and the refused visa. It is not necessarily a deal braker but hiring managers do not like surprises. We had several threads along this line recently. Please use search function or work your way through. 

IPad and I are not on friendly terms.


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## GeordieScott (Aug 22, 2013)

To be honest, no one has asked so far. I didn't want to mention it if there was potentially no need to. It's not a case of being dishonest, but my upfront honesty got me absolutely no where last time.


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## GeordieScott (Aug 22, 2013)

Yeah, well when it get's to the point where I am asked, or asked to document such things, I'll be 100% honest. There is little point being dishonest, as I'm sure they already have me on file me from my last trip to the US Embassy.

I do know other guys who work in my industry that have applied successfully for Visa's with criminal records. I just wondered if anyone knew the exact in's and out's. There seems to be a lot of conflicting information about.


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## twostep (Apr 3, 2008)

GeordieScott said:


> To be honest, no one has asked so far. I didn't want to mention it if there was potentially no need to. It's not a case of being dishonest, but my upfront honesty got me absolutely no where last time.


It is what it is! Come visa interview the rejected B2 will surface.


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## GeordieScott (Aug 22, 2013)

I don't doubt that for a second. I wasn't after a lecture on what I should and shouldn't disclose to a potential employer and at what stage of the process. I would like to know, if anyone has had any similar experiences and the in's and out's of their successes/failures. Ideally I'd have liked a definitive answer, but I do realise it's somewhat of a grey area. Thanks for your help.


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## Crawford (Jan 23, 2011)

Personally, now that I had been offered the job, I would think this is the time to inform the employer about the offense.

They is going to find out about it as soon as application forms need to be completed for the visa. Immigration WILL have your past refusal on record.

Better to inform them than surprise them at a later stage.


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## GeordieScott (Aug 22, 2013)

At no point in the process has anyone asked if I have any convictions. If they were concerned, I'm sure they would ask, and if they do, I'll be sure to tell them.

My question is - how does the conviction and previous refusal affect my chances of getting the Visa, not the job. I guarentee that if I qualify for the Visa, my record will be of no interest to my employer.


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## Crawford (Jan 23, 2011)

GeordieScott said:


> At no point in the process has anyone asked if I have any convictions. If they were concerned, I'm sure they would ask, and if they do, I'll be sure to tell them.
> 
> My question is - how does the conviction and previous refusal affect my chances of getting the Visa, not the job. I guarentee that if I qualify for the Visa, my record will be of no interest to my employer.


In my experience interviewers don't ask about criminal convictions. 

You will have to declare your criminal conviction on any application for the visa. Your employer may want to be aware of it prior to applying for the visa in order to address any issues arising from it.

However, it is up to you are whether you cross this bridge if and when it comes up.


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## Bevdeforges (Nov 16, 2007)

Look at it this way, the employer is shelling out for legal advice to sponsor your visa. It's the legal team that has the best chance of evaluating just how to deal with this particular incident from your past. Tell the employer so that they can alert their legal team - and then let the legal team decide how to do things. 

Telling them shows that you care about the job offer and that you are aware of the effort the employer is taking on your behalf. There are no guarantees how they'll react - unless you fail to mention it and it pops up unexpectedly to scotch the whole deal.
Cheers,
Bev


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## BBCWatcher (Dec 28, 2012)

I agree with Bev, and I would also point out that it's in your interest to provide the information to your prospective employer's legal/immigration team sooner rather than later. If your prior conviction is disqualifying, why would you want to postpone that decision as long as possible, presumably not earning income and not looking for alternatives? It's in both your employer's and your interest to determine as quickly as possible whether this issue is disqualifying so that nobody, including you, is wasting more time than absolutely necessary.

In this case it's in your and your prospective employer's shared interest to get this question decided as soon as possible. However, even if it weren't, it's never a good idea to start any business relationship, including employment, on the wrong foot. It's not all about you. To get the best deal you have to put yourself in the other party's shoes (your prospective employer) to understand what's in their interests and adjust your behavior accordingly, consistent with but not solely based on your needs. Way too often in this world there are people who think conducting business is about only their own needs. No, it's not.

I know you didn't ask for a lecture, but you're getting at least a few.  The advice is to get this question behind you as quickly as possible. Either way it'll be better than delays.


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## samuel5028 (Apr 15, 2010)

Why your visa has been cancelled.. Do you know the reason for that? if so try to know about and apply it again.

Immigration officer asked you to apply after some days.. i think its time for you to reapply. There might be the chance for the visa approval.

Regarding your job, Better you should accept the criminal record and it happens before 7 years so they have minimal chance to question you. so don't worry.


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## twostep (Apr 3, 2008)

GeordieScott said:


> To be honest, no one has asked so far. I didn't want to mention it if there was potentially no need to. It's not a case of being dishonest, but my upfront honesty got me absolutely no where last time.


Unless the employer is a mom 'n pap shop either you or your recruiter have filled out an official application. Read the fine print. 

A colleague recently had a candidate forget a DUI. Contract signed, visa. relocated, job started. Background checks have gone global. It would not have been a deal breaker but falsifying the application was.


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