Will I have a criminal record?

[joy1979 0]

Hi Everyone

I have some question to ask you here. I was in the states 4 years ago with J1 visa. I took some money from the register about $150. I was caught by my employer so they fired me. I wrote the confession letter and leave the job, I wasnt sure if I have any criminal record in the U.S.

Will I have a problem with a criminal record, misdemeanor or felony?

P.S I didnt go to the police station tog et a finger print or has been deported back to my home coutry.

Thank you and wish you all the best.

[TBoneTX 45,550]

Advice from others may differ, but I believe that there's a chance that the consulate (or any other authorities during any step of the process) could contact your former employer, or find out somehow... a remote chance, but you do not want to risk being caught in any lie or evasion of the truth.

I highly recommend that you spend a little money (quite reasonable) for an e-mail consultation with this law firm: http://www.fosterquan.com

They will advise you on the proper way in which to proceed. You can ask them your question just as you have posed it here.

Again, I would take no chances.

[Jenn and Fuat 2]

Advice from others may differ, but I believe that there's a chance that the consulate (or any other authorities during any step of the process) could contact your former employer, or find out somehow... a remote chance, but you do not want to risk being caught in any lie or evasion of the truth.

I highly recommend that you spend a little money (quite reasonable) for an e-mail consultation with this law firm: http://www.fosterquan.com

They will advise you on the proper way in which to proceed. You can ask them your question just as you have posed it here.

Again, I would take no chances.

I work with several hundred J1 employees each summer. It sounds like your employer did not report you to the police, but if they contacted the US Sponsor for your DS 2019 then you will have some big problems. I have sent you a private message with more information on what you should to do find out your status with your US Sponsor.

[Jenn and Fuat 2]

Advice from others may differ, but I believe that there's a chance that the consulate (or any other authorities during any step of the process) could contact your former employer, or find out somehow... a remote chance, but you do not want to risk being caught in any lie or evasion of the truth.

I highly recommend that you spend a little money (quite reasonable) for an e-mail consultation with this law firm: http://www.fosterquan.com

They will advise you on the proper way in which to proceed. You can ask them your question just as you have posed it here.

Again, I would take no chances.

I work with several hundred J1 employees each summer. It sounds like your employer did not report you to the police, but if they contacted the US Sponsor for your DS 2019 then you will have some big problems. I have sent you a private message with more information on what you should to do find out your status with your US Sponsor.

Your username looked familiar, and so did your question, so I looked at some old posts.. and you had asked about this before. I had talked to you and you contacted CCUSA.. they told you that your J1 program was in good standing.. so no problem with the old visa.Your employer did not report your termination to your sponsor.

You also said that your employer had not contacted the police, so you will not have a criminal recored.. but as was already mentioned, if they DO contact your previous employer, your work history will be discussed.

In answer to your question.. no you would not have a criminal record, because the employer did not report the crime, but you will have a negative work record if anyone happens to check your work references.

Edited October 31, 2009 by Jenn and Fuat

[SuperDuper! 230]

Advice from others may differ, but I believe that there's a chance that the consulate (or any other authorities during any step of the process) could contact your former employer, or find out somehow... a remote chance, but you do not want to risk being caught in any lie or evasion of the truth.

I highly recommend that you spend a little money (quite reasonable) for an e-mail consultation with this law firm: http://www.fosterquan.com

They will advise you on the proper way in which to proceed. You can ask them your question just as you have posed it here.

Again, I would take no chances.

Tbone, I shudder to think what the ecuadorian consulate does to folks they catch lyin' !

[joy1979 0]

Advice from others may differ, but I believe that there's a chance that the consulate (or any other authorities during any step of the process) could contact your former employer, or find out somehow... a remote chance, but you do not want to risk being caught in any lie or evasion of the truth.

I highly recommend that you spend a little money (quite reasonable) for an e-mail consultation with this law firm: http://www.fosterquan.com

They will advise you on the proper way in which to proceed. You can ask them your question just as you have posed it here.

Again, I would take no chances.

I work with several hundred J1 employees each summer. It sounds like your employer did not report you to the police, but if they contacted the US Sponsor for your DS 2019 then you will have some big problems. I have sent you a private message with more information on what you should to do find out your status with your US Sponsor.

Hi Jen and Fuat

Yes i was on this site and posted about my problem before. My interview will be onn Nov 12th, and I am so worried about it.. I dont know what to answer if they ask me about my work history.. Should I called to my second employer to find out if FBI or USCIS call them? In this case if I dont get a visa, is there anything I can do ? Can I do waiver?

[Gary and Alla 3,694]

Hi Everyone

I have some question to ask you here. I was in the states 4 years ago with J1 visa. I took some money from the register about $150. I was caught by my employer so they fired me. I wrote the confession letter and leave the job, I wasnt sure if I have any criminal record in the U.S.

Will I have a problem with a criminal record, misdemeanor or felony?

P.S I didnt go to the police station tog et a finger print or has been deported back to my home coutry.

Thank you and wish you all the best.

You DO NOT have a criminal record. It is not possible if you were not arrested or had a trial.

However, and you have asked this same question before, you were on a J1 visa in an exchnage program for working, it is entirely possible, even likely that your employer reported this to the immigration authorities, whether that woul dbe Dpet. of Sttae, or USCIS I am not sure. But he cannot employ and fire a J1 visa holder without telling someone something, I beleive you said you then satyed in the USA and worked at another job which your visa did not allow.

Your problem is NOT the criminal record, there is none, your problem is at the level of if you incurred any ban because of your work infraction or your overstay. That you will not find out until you go for the interview in Manilla.

[Gary and Alla 3,694]

Advice from others may differ, but I believe that there's a chance that the consulate (or any other authorities during any step of the process) could contact your former employer, or find out somehow... a remote chance, but you do not want to risk being caught in any lie or evasion of the truth.

I highly recommend that you spend a little money (quite reasonable) for an e-mail consultation with this law firm: http://www.fosterquan.com

They will advise you on the proper way in which to proceed. You can ask them your question just as you have posed it here.

Again, I would take no chances.

I work with several hundred J1 employees each summer. It sounds like your employer did not report you to the police, but if they contacted the US Sponsor for your DS 2019 then you will have some big problems. I have sent you a private message with more information on what you should to do find out your status with your US Sponsor.

Hi Jen and Fuat

Yes i was on this site and posted about my problem before. My interview will be onn Nov 12th, and I am so worried about it.. I dont know what to answer if they ask me about my work history.. Should I called to my second employer to find out if FBI or USCIS call them? In this case if I dont get a visa, is there anything I can do ? Can I do waiver?

In order to do a waiver, you have to have a denial. What would you be asking a waiver for?

Your choice at this point is to go to the interview and see what happens. I can only advise you to answer truthfully, lying is worse. IF they ask you any questions about this, then you need to assume they KNOW everything. You had better tell the truth! If they catch you in a lie, and they may ask just to see IF you lie, then the visa will be denied. There is NO WAIVER from fraud. Lying is visa fraud.

[Jenn and Fuat 2]

You DO NOT have a criminal record. It is not possible if you were not arrested or had a trial.

However, and you have asked this same question before, you were on a J1 visa in an exchnage program for working, it is entirely possible, even likely that your employer reported this to the immigration authorities, whether that woul dbe Dpet. of Sttae, or USCIS I am not sure. But he cannot employ and fire a J1 visa holder without telling someone something, I beleive you said you then satyed in the USA and worked at another job which your visa did not allow.

Your problem is NOT the criminal record, there is none, your problem is at the level of if you incurred any ban because of your work infraction or your overstay. That you will not find out until you go for the interview in Manilla.

On the J1 4 month program, whether or not you are allowed to leave your original employer and work for another employer, is determined by your US Sponsor. Some allow, some do not. CCUSA does not permit you to work for another employer unless your original employer approves for you to leave to go to another job. If your employer had told CCUSA that you were fired for theft CCUSA would not authorize you for another employer.

Since your employer did not report the termination to CCUSA, and they allowed you to go to another job, you were "technically" not in violation of your visa when you worked at the second job.. and I think you said you left before your I-94 expired, so you did not have an overstay.

If I am mistaken, and you were on the J1 Internship or J1 Career Training program, then you were in violation of your visa when you worked for the second employer. I am pretty sure you said you were on the J1 Work and Travel program.

If your employer had been doing THEIR job properly, they would have notified CCUSA of the termination and CCUSA would have notified Department of State. It is possible your employer called Department of State or USCIS directly, but if they had then DOS or USCIS would have contacted CCUSA and notified them and your program would be showing a termination status instead of the "good standing" report that CCUSA gave to you.

Yes.. it is possible that the employer called DOS or USCIS, notified them of the termination, and they did not do their part and contact CCUSA.. but it is unlikely. Your employer signed a contract with CCUSA that they would notify them of any and all problems.. but they did not do this, so it is unlikely they would have called DOS directly. As Gary said, you will not know this until you go to the interview.

Please follow Gary's advise and do not lie about anything. If they ask you about previous employment tell them. If they as you why you left that particular employer tell them the truth.

Good luck with your interview and let us know what happens!

[Gary and Alla 3,694]

You DO NOT have a criminal record. It is not possible if you were not arrested or had a trial.

However, and you have asked this same question before, you were on a J1 visa in an exchnage program for working, it is entirely possible, even likely that your employer reported this to the immigration authorities, whether that woul dbe Dpet. of Sttae, or USCIS I am not sure. But he cannot employ and fire a J1 visa holder without telling someone something, I beleive you said you then satyed in the USA and worked at another job which your visa did not allow.

Your problem is NOT the criminal record, there is none, your problem is at the level of if you incurred any ban because of your work infraction or your overstay. That you will not find out until you go for the interview in Manilla.

On the J1 4 month program, whether or not you are allowed to leave your original employer and work for another employer, is determined by your US Sponsor. Some allow, some do not. CCUSA does not permit you to work for another employer unless your original employer approves for you to leave to go to another job. If your employer had told CCUSA that you were fired for theft CCUSA would not authorize you for another employer.

Since your employer did not report the termination to CCUSA, and they allowed you to go to another job, you were "technically" not in violation of your visa when you worked at the second job.. and I think you said you left before your I-94 expired, so you did not have an overstay.

If I am mistaken, and you were on the J1 Internship or J1 Career Training program, then you were in violation of your visa when you worked for the second employer. I am pretty sure you said you were on the J1 Work and Travel program.

If your employer had been doing THEIR job properly, they would have notified CCUSA of the termination and CCUSA would have notified Department of State. It is possible your employer called Department of State or USCIS directly, but if they had then DOS or USCIS would have contacted CCUSA and notified them and your program would be showing a termination status instead of the "good standing" report that CCUSA gave to you.

Yes.. it is possible that the employer called DOS or USCIS, notified them of the termination, and they did not do their part and contact CCUSA.. but it is unlikely. Your employer signed a contract with CCUSA that they would notify them of any and all problems.. but they did not do this, so it is unlikely they would have called DOS directly. As Gary said, you will not know this until you go to the interview.

Please follow Gary's advise and do not lie about anything. If they ask you about previous employment tell them. If they as you why you left that particular employer tell them the truth.

Good luck with your interview and let us know what happens!

I don't have the experience that you do with this, Jen. So I will defer to what you say regarding employers obligations. I do know several J1 visa holders in this area. All that I have spoken to have said they need to stay with the job they had or return home. One in particular, a friend of Alla's, really hates her job but if she quits she has to return to Russia and she would rather stay here for now. She likes her "life" here, but not her job. LOL I tell her she sounds like most Americans!

I am sure the OP is nervous, with good reason, unfortunately no one here can say what for her to do except be honest. You (the OP) have to assume they know about this and will know you are not being truthful if you lie.

[Jenn and Fuat 2]

I don't have the experience that you do with this, Jen. So I will defer to what you say regarding employers obligations. I do know several J1 visa holders in this area. All that I have spoken to have said they need to stay with the job they had or return home. One in particular, a friend of Alla's, really hates her job but if she quits she has to return to Russia and she would rather stay here for now. She likes her "life" here, but not her job. LOL I tell her she sounds like most Americans!

I am sure the OP is nervous, with good reason, unfortunately no one here can say what for her to do except be honest. You (the OP) have to assume they know about this and will know you are not being truthful if you lie.

If Allah's friend is still here, she is probably on the J1 Internship or Career Training program. If she is allowed to work for more than 4 months then she is on one of these programs. Most work and travel programs end by October 15th.. I have a few students, from China, who cant stay until November 14th.. but the general J1 Summer 4 month program ends by the end of October.

With the W & T program, they can actually get a DS 2019 and visa without having a job before they come. They have to prove they have enough funds to support themselves, if they can't find a job, or they will be turned back at POE.. but they actually allow this. I think it's crazy!! According to the DOS conference last week, it is mostly returning J1's who have friends here and know they just want to go to a certain area of the country and find a job.

Due to the economy, DOS is asking the work and travel sponsors to cut this kind of program down to less than 10% of their participants. Too many participants came this year that could not find jobs. They will also be cutting the number of J1 Work and Travel visas approved next year! Good for American's who are looking for jobs.. bad for companies, like mine, that need to employee 4000 people for a short time and can't find enough applicants in their local area. Anyone want to move to Richmond for the 2010 summer?? We have housing.. I can give you a bed in our dorm

[Chris_Жанна 11]

Hi Everyone

I have some question to ask you here. I was in the states 4 years ago with J1 visa. I took some money from the register about $150. I was caught by my employer so they fired me. I wrote the confession letter and leave the job, I wasnt sure if I have any criminal record in the U.S.

Will I have a problem with a criminal record, misdemeanor or felony?

P.S I didnt go to the police station tog et a finger print or has been deported back to my home coutry.

Thank you and wish you all the best.

If you weren't taken to the police dept. and fingerprinted, if there were no photos taken of you at the police dept. or depositions written by your job or a police officer, you technically have no criminal record on file.

It sounds like you were just fired.

If you were arrested you defiantly would have known it. $150.00 in most states is petty larceny which is usually a misdemeanor. If you had a misdemeanor you would have defiantly been arrested, booked, finger printed, and then most likely deported.

like an another member wrote, there are places you can look up your criminal history for a fee.

[Jenn and Fuat 2]

Question for the OP...

When you changed jobs, did you report your job change in SEVIS?

I do not want to give you any added stress, but this could be important in your interview.

If you registered the job change in SEVIS... no problem. If you didn't, then technically you were in violation of your visa and this information could be relavent even though your employee did not report the termination and CCUSA shows your program ended in good standing.

Did you list both employers on your G - 325A ? If you listed both employers, and if the consulate checks SEVIS and sees that you did not report the second employer in SEVIS then they would see that you were in violation of the terms of your visa.

You should be prepared to answer questions about why you had two employers, but only reported one to SEVIS.

[SuperDuper! 230]

It's a real dilemma for the OP. On one hand, honesty is the best policy, but then you don't want to incriminate yourself needlessly. Like the Jamaican VJ'r who answered yes to smoking pot once, and now he is facing a 10 year ban. Sometimes it is possible to be too honest, and shoot yourself in the foot. If an offense is NOT on your official record, I see no reason to mention it. Let the past be buried, if it need not be dug up! Good luck.

[Jenn and Fuat 2]

And Gary, I just thougth of this.. Allah's friend could be on a different J1 designation all together. There are 15 different designations for the J1 visa.. I only have experience with 5 of them and don't begin to even pretend I know anything about the others