Visa info help. (Friend has dilemma and crazy plan!)
Discussion
Mate of mine, (genuinely a mate) has been offered a job requiring relocation from UK to US. He is awaiting offer formally, (contract) but has it, and yet is not sure of hsi Visa requirements. I presume he will be sponsored by his employer, a US arm of a German Company.
Anyway, he confessed a small issue to me a few weeks ago and I was shocked to say the least.
He is "ok" for a Visa, conduct wise, but his missus, (who is pretty posh) was done for shoplifting about 20 years ago (pre marriage) and it appears more seriously for some sort of bank fraud!
Now the latter is clearly an issue. Not sure if there is any rules on the former being "spent" at all.
But it is more serious, he has never been to the US, but she has, most recently 10 years ago, (pre biometric) on her maiden name passport (name she was convicted under) and failed to declare any convictions on her Visa waiver form, but got in...4 times! Just for holidays etc.
So I see several problems. 1. convictions may preclude her going in on his (work sposored??) Visa. 2. Even if they dont (unlikely) if they found out she has been in 4 times and not siad, she'll be in trouble.
Finally, he is considering just not telling anyone either his new employer and not declaring her convictions on the Visa applications! I told him I thought this was crazy, as if they get in (her convicted name is a common one) and then Authorities find out, she could get a knock on the door from the Feds and anytime!
They have a couple of young kids. I suggested that he try to get a Visa for him and maybe him and the kids, then she could maybe get some leniency regarding being with her kids? He may even consider "splitting up".
I think he is pretty screwed tbh, but does anyone know if they came completely clean, would they have any chance of getting a Visa, bearing in mind the time since the offences, or would the indiscretions since (not declaring them on Visa aiver forms) mean they'd be screwed.
My mate is a decent chap, and I am also concerned for his reputaiton in a close knit industry if he does not tell his new employer and the Visa is refused. He'll show a certain deceit, which will not help him career wise!
A real mess and a total bolt out of the blue. They are nice people, but seems she had a rebellioous past that may well come back to haunt her/them!
Any advice from any ex pats appreciated. Although I work for a US company, I am UK based and dont need anything than and Esta for occasional 2 weeks visits.
Anyway, he confessed a small issue to me a few weeks ago and I was shocked to say the least.
He is "ok" for a Visa, conduct wise, but his missus, (who is pretty posh) was done for shoplifting about 20 years ago (pre marriage) and it appears more seriously for some sort of bank fraud!
Now the latter is clearly an issue. Not sure if there is any rules on the former being "spent" at all.
But it is more serious, he has never been to the US, but she has, most recently 10 years ago, (pre biometric) on her maiden name passport (name she was convicted under) and failed to declare any convictions on her Visa waiver form, but got in...4 times! Just for holidays etc.
So I see several problems. 1. convictions may preclude her going in on his (work sposored??) Visa. 2. Even if they dont (unlikely) if they found out she has been in 4 times and not siad, she'll be in trouble.
Finally, he is considering just not telling anyone either his new employer and not declaring her convictions on the Visa applications! I told him I thought this was crazy, as if they get in (her convicted name is a common one) and then Authorities find out, she could get a knock on the door from the Feds and anytime!
They have a couple of young kids. I suggested that he try to get a Visa for him and maybe him and the kids, then she could maybe get some leniency regarding being with her kids? He may even consider "splitting up".
I think he is pretty screwed tbh, but does anyone know if they came completely clean, would they have any chance of getting a Visa, bearing in mind the time since the offences, or would the indiscretions since (not declaring them on Visa aiver forms) mean they'd be screwed.
My mate is a decent chap, and I am also concerned for his reputaiton in a close knit industry if he does not tell his new employer and the Visa is refused. He'll show a certain deceit, which will not help him career wise!
A real mess and a total bolt out of the blue. They are nice people, but seems she had a rebellioous past that may well come back to haunt her/them!
Any advice from any ex pats appreciated. Although I work for a US company, I am UK based and dont need anything than and Esta for occasional 2 weeks visits.
He needs to come-clean with his employer - they will be sponsoring (paying for) his application, so if it gets de-railed after they've forked-over several thousand quid in legal and administrative fees and spent man-hours putting the application together (proving why he's required within the US operation), they may be justifiably pissed-off with him not giving the full story.
He will be sponsored in either L-1 or H-1 category and the background checks conducted on all of the beneficiaries (wife and kids included) are thorough, due to increased amount of fraudulant applications from (mostly) India, Pakistan and China.
USCIS has a VERY hard-line on dishonesty. It often seems that they come down harder on un-truths than they do on criminality, so your friend really should lay his cards on the table with his employer and seek the advice of an experienced immigration attorney. By the sounds of it, the employer will have a tame one at hand - but it should never be forgotten that the corporate immi attorney protects the companies interests above those of the employee, so in his shoes, I would seek independent, qualified, experienced advice.
Dependent on the severity of the crime, the sentence given and the time passed with good character since the conviction, this may not be as big a problem as it outwardly appears - but only a specialist can determine this. Frankly, I'd be more concerned about the inappropriate use of the Visa Waiver Program on the subsequent visits, because that WILL come up on UCIS radar, when they start digging. You have to verify ALL of your visits outside of the UK for the last 10 years, as part of the application process. They will have your passport history - because that has to be submitted as part of the application, so in effect they know the answers, they are just checking to see if you do....
Get a lawyer before going any further.
He will be sponsored in either L-1 or H-1 category and the background checks conducted on all of the beneficiaries (wife and kids included) are thorough, due to increased amount of fraudulant applications from (mostly) India, Pakistan and China.
USCIS has a VERY hard-line on dishonesty. It often seems that they come down harder on un-truths than they do on criminality, so your friend really should lay his cards on the table with his employer and seek the advice of an experienced immigration attorney. By the sounds of it, the employer will have a tame one at hand - but it should never be forgotten that the corporate immi attorney protects the companies interests above those of the employee, so in his shoes, I would seek independent, qualified, experienced advice.
Dependent on the severity of the crime, the sentence given and the time passed with good character since the conviction, this may not be as big a problem as it outwardly appears - but only a specialist can determine this. Frankly, I'd be more concerned about the inappropriate use of the Visa Waiver Program on the subsequent visits, because that WILL come up on UCIS radar, when they start digging. You have to verify ALL of your visits outside of the UK for the last 10 years, as part of the application process. They will have your passport history - because that has to be submitted as part of the application, so in effect they know the answers, they are just checking to see if you do....
Get a lawyer before going any further.
unrepentant said:
^^^^^^ Excellent advice from Matt.
Cheers, it is pretty much what I have told him to do, ie legal advice and dont p
s off the potential new employer. If he were to come clean to a specialist immigration attorney, would that be confidential, or are they obliged to tell the authorities in USA? does it make a difference if he uses an US or UK based Lawyer for advice?
s3fella said:
unrepentant said:
^^^^^^ Excellent advice from Matt.
Cheers, it is pretty much what I have told him to do, ie legal advice and dont ps off the potential new employer. If he were to come clean to a specialist immigration attorney, would that be confidential, or are they obliged to tell the authorities in USA? does it make a difference if he uses an US or UK based Lawyer for advice?
Matt has given absolutely the best advice your friend could receive. Get an attorney and under no circumstances lie on the visa application. He risks jeapordizing his career and any prospect of ever living or working in the US.
You could point your friend to the US forum of britishexpats.com to ask for details of an experienced immigration attorney that would be able to assist with this particular set of circumstances. Do not however post asking if he should lie on the application, they are a pretty unforgiving bunch on there and will give short shrift to that type of question.
You could point your friend to the US forum of britishexpats.com to ask for details of an experienced immigration attorney that would be able to assist with this particular set of circumstances. Do not however post asking if he should lie on the application, they are a pretty unforgiving bunch on there and will give short shrift to that type of question.
s3fella said:
If he were to come clean to a specialist immigration attorney, would that be confidential, or are they obliged to tell the authorities in USA? does it make a difference if he uses an US or UK based Lawyer for advice?
All of his dealings with HIS attorney are confidential. Any dealings with his EMPLOYER's attorney may not be.Is this a new employer offering the position? If so the visa will be H1-B - he realizes his wife (if she's admitted) would be H-4 and not under any circumstances be eligible to work, doesn't he?
Edited by Matt Harper on Sunday 21st August 20:10
Yes, it is a new employer, he is awaiting a formal contract and info pack, but he's had the offer verbally and it is an employer he used to work for in UK, so they know each other.
He knows hsi missus wont be able to work there, but I reckon she'll do ok wiht the nicking stuff and frauds!!
Cheers for the info, I will pass it on.
He knows hsi missus wont be able to work there, but I reckon she'll do ok wiht the nicking stuff and frauds!!
Cheers for the info, I will pass it on.
Matt Harper said:
He will be sponsored in either L-1 or H-1 category and the background checks conducted on all of the beneficiaries (wife and kids included) are thorough, due to increased amount of fraudulant applications from (mostly) India, Pakistan and China.
USCIS has a VERY hard-line on dishonesty.
Out of interest, when did they start doing background checks on L1 visa applicants (or did they always)? When I went to the Embassy for my L-1B, I was told it was approved in about 3 hours from when they first saw me, which doesn't leave time for much in the way of checking. Admittedly, you don't actually get the visa stamp/passport back for another week, so that allows some time to subsequently deny it, but I still don't remember any warnings about this, apart of course from the usual declaration of no CIMT that we're talking about here. Pretty sure nothing much happened for my H-1B, either.USCIS has a VERY hard-line on dishonesty.
Residency of course is another matter, with the FBI background check and all.
Either way, talking to an immigration lawyer is the way to go, as you said (and paying for an hour or so on the phone with your own would be well worth the peace of mind). I'll be interested to know what they say, given the length of time ago that it happened.
I suspect it won't necessarily be a deal breaker, given the circumstances and the feedback on the expat forum.
jimmyjimjim said:
Out of interest, when did they start doing background checks on L1 visa applicants (or did they always)? When I went to the Embassy for my L-1B, I was told it was approved in about 3 hours from when they first saw me, which doesn't leave time for much in the way of checking. Admittedly, you don't actually get the visa stamp/passport back for another week, so that allows some time to subsequently deny it, but I still don't remember any warnings about this, apart of course from the usual declaration of no CIMT that we're talking about here. Pretty sure nothing much happened for my H-1B, either.
The Consulate (where you went for your visa interview) approves the application and issues the visa. USCIS, to whom the application is made by your employer, is the agency that does the investigation. If you recall, your company didn't just decide to send you to the US, so packed you off down to the embassy to stand in line for a visa, right? Does "Premium Processing" ring any bells? Premium processing doesn't ring the slightest bell at all!
What I remember is some discussion between myself, my boss to be and the legal eagles, culminating in me subsequently getting a call from the lawyers that the euthemistically entitled 'package' was on its way and that I should call the embassy and book an appointment.
What you've said makes sense, but I remember thinking at the time (and in light of subsequent renewals and residency application) that there was no indication that anything had been submitted prior to my Embassy visit.
Would the regular L-1 be different in this respect than the blanket L-1, perhaps? I know I was under the blanket L-1, and it appears from what I read that this doesn't get filed with USCIS. Apparently.
ETA - That individual blanket L-1 applications don't get filed individually with USCIS? (obviously the blanket petition itself does).
What I remember is some discussion between myself, my boss to be and the legal eagles, culminating in me subsequently getting a call from the lawyers that the euthemistically entitled 'package' was on its way and that I should call the embassy and book an appointment.
What you've said makes sense, but I remember thinking at the time (and in light of subsequent renewals and residency application) that there was no indication that anything had been submitted prior to my Embassy visit.
Would the regular L-1 be different in this respect than the blanket L-1, perhaps? I know I was under the blanket L-1, and it appears from what I read that this doesn't get filed with USCIS. Apparently.
ETA - That individual blanket L-1 applications don't get filed individually with USCIS? (obviously the blanket petition itself does).
Edited by jimmyjimjim on Monday 22 August 16:45
jimmyjimjim said:
Premium processing doesn't ring the slightest bell at all!
What I remember is some discussion between myself, my boss to be and the legal eagles, culminating in me subsequently getting a call from the lawyers that the euthemistically entitled 'package' was on its way and that I should call the embassy and book an appointment.
What you've said makes sense, but I remember thinking at the time (and in light of subsequent renewals and residency application) that there was no indication that anything had been submitted prior to my Embassy visit.
Would the regular L-1 be different in this respect than the blanket L-1, perhaps? I know I was under the blanket L-1, and it appears from what I read that this doesn't get filed with USCIS. Apparently.
ETA - That individual blanket L-1 applications don't get filed individually with USCIS? (obviously the blanket petition itself does).
Fair enough - Premium Processing is a means to accelerate the application process by handing over an additional $1000 to USCIS that incentivises them to review the application within 14 days of receipt.What I remember is some discussion between myself, my boss to be and the legal eagles, culminating in me subsequently getting a call from the lawyers that the euthemistically entitled 'package' was on its way and that I should call the embassy and book an appointment.
What you've said makes sense, but I remember thinking at the time (and in light of subsequent renewals and residency application) that there was no indication that anything had been submitted prior to my Embassy visit.
Would the regular L-1 be different in this respect than the blanket L-1, perhaps? I know I was under the blanket L-1, and it appears from what I read that this doesn't get filed with USCIS. Apparently.
ETA - That individual blanket L-1 applications don't get filed individually with USCIS? (obviously the blanket petition itself does).
Edited by jimmyjimjim on Monday 22 August 16:45
Your employer most definitely did file an application with you as the beneficiary (blanket L1 or otherwise). It will have included a lot of personal information about you - and you will have had to surrender a copy of your passport with the application. So will have anyone else (dependents) who were attached to the petition.
My first L-1 was a corporate petition and I suspect that many visa applicants have little idea about the process, because it kind of goes on in the background.
I assure you that no employment/immigrant visa is ever issued without a fairly rigorous investigation into both the petitioner and the beneficiary.
Even with Premium Processing, the L-1 petition usually takes in excess of 12 weeks to process (blanket applications are faster, in that they do not need to repeatedly investigate the petitioning company).
Matt Harper said:
My first L-1 was a corporate petition and I suspect that many visa applicants have little idea about the process, because it kind of goes on in the background.
I assure you that no employment/immigrant visa is ever issued without a fairly rigorous investigation into both the petitioner and the beneficiary.
Even with Premium Processing, the L-1 petition usually takes in excess of 12 weeks to process (blanket applications are faster, in that they do not need to repeatedly investigate the petitioning company).
I certainly had no idea about the initial L-1 application; the renewal and subsequent H-1 and residency process I was a lot more involved in.I assure you that no employment/immigrant visa is ever issued without a fairly rigorous investigation into both the petitioner and the beneficiary.
Even with Premium Processing, the L-1 petition usually takes in excess of 12 weeks to process (blanket applications are faster, in that they do not need to repeatedly investigate the petitioning company).
Looking back at my timeline, I see that I got sent a support letter for my approval on the 16th of one month, the package posted to me on the 20th(I assume it was submitted to USCIS at this time), and my interview and approval on the 21st of the next month. Passport with stamp returned on the 26th; so under half of that 12 weeks!
Famous Graham said:
Would an embassy/consulate visit be required for L1-B, do you know?
yes it was for mine, fingerprint scans a couple of questions and a lot of waiting, take a book.Also don't do what I did and the week before going pick up a pan that had just been in the oven and burn your finger creating a blister. They don't like that
Cheer folks. Were you given an option of location? I'm currently in Edinburgh, and that's the address the application is under, but I'll be out of my flat and staying with colleagues down south in Windsor in 3 weeks or so until things get sorted.
Obviously Grosvenor Square would be preferable if it happens to be after I've moved down there, rather than the consulate up here.
Obviously Grosvenor Square would be preferable if it happens to be after I've moved down there, rather than the consulate up here.
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