H-1B with arrest record

[ds25 0]

Hello all

I would be very grateful for some advice here if at all possible. I can see that similar posts have been made on this topic but as always, there are specific circumstances that are likely to alter the responses.

In 2001 I was arrested for criminal damage and recieved a caution, because me and some friends accidentaly damaged a car whilst playing with a BB gun (I was 19 and at university in the UK at the time). I later applied for and was approved for a study visa to the USA, and on my return worked for the UK Ministry of Defence where I cleared their security checks (although I cannot recall if I declared the above on eiher of those applications).

I am still in the UK and married to a US citizen. I have been offered a job in the US and am being sponsored for a H-1B visa. Both my employer and the visa forms will ask about prior arrests etc no matter how small. My question is, should I declare and if so how likely/unlikely is it to affect my visa?

My thinking at the moment is that it is better to declare it than to get found out....any advice much appreciated.

Many thanks in advance

[canadian_wife 1,823]

You need to declare them

However, it sounds like it should be fine, especially if you received a position with the Ministry of Defence.

Lying to them will be a big deal

If you have a USC spouse, why doesn't she petition for you?

Good luck

[ds25 0]

You need to declare them

However, it sounds like it should be fine, especially if you received a position with the Ministry of Defence.

Lying to them will be a big deal

If you have a USC spouse, why doesn't she petition for you?

Good luck

Many thanks for that, I sure hope so. I am asking my work if they will pay for a marriage visa rather than H-1B, the only reason I'm not doing it myself is the cost!

[bigdog 376]

What ever you do good luck.

[aaron2020 11,651]

Hello all

I would be very grateful for some advice here if at all possible. I can see that similar posts have been made on this topic but as always, there are specific circumstances that are likely to alter the responses.

In 2001 I was arrested for criminal damage and recieved a caution, because me and some friends accidentaly damaged a car whilst playing with a BB gun (I was 19 and at university in the UK at the time). I later applied for and was approved for a study visa to the USA, and on my return worked for the UK Ministry of Defence where I cleared their security checks (although I cannot recall if I declared the above on eiher of those applications).

I am still in the UK and married to a US citizen. I have been offered a job in the US and am being sponsored for a H-1B visa. Both my employer and the visa forms will ask about prior arrests etc no matter how small. My question is, should I declare and if so how likely/unlikely is it to affect my visa?

My thinking at the moment is that it is better to declare it than to get found out....any advice much appreciated.

Many thanks in advance

You sign the visa application under penalty of perjury. You attest under oath that it is the truth. By knowingly omitting your arrest, you are lying. If the US Embassy determines that it is a material misrepresentation, then you could be ban for life from the US.

You can do the right thing by being honest or you can roll the dice and take your chances.