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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I need a visa to visit my new employers in NYC on Dec 9th.

Customer Question

I need a visa to visit my new employers in NYC on Dec 9th. Unfortunately I have a criminal conviction for shoplifting and am currently subject to a suspended sentence for this. What are my chances, realistically of obtaining a waiver as my employers don't know about this situation and it's my first job in 12 months?
I also have 6 points on my licence for driving whilst uninsured and a drink driving conviction from 2004.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

Alex Watts :

When was the last conviction please? Why did you get a suspended sentence rather than another Court disposal?

JACUSTOMER-igiwek2m- :

Hello Alex - the last conviction was October 10th and I was in breach of a previous community order for similar offences.

Alex Watts :

What previous do you have? A list please and when.

JACUSTOMER-igiwek2m- :

Nov 2011 - shoplifting - fine

JACUSTOMER-igiwek2m- :

Nov 2011 - shoplifting and fine

JACUSTOMER-igiwek2m- :

Sorry Alex - that's 1 conviction in Nov 2011 not 2. November 2012 - 2 x shoplifting - conditional discharge and fine. Nov 2012 - driving without insurance (not intentional I can assure you) but 6 points and fine. March 2013 - shoplifting - 150 hours community service (all completed), fine and supervision order for 12 months. October 2013 - shoplifting x 2 - 24 weeks prison sentence suspended for 12 months, 100 hours community service, fine and 12 month supervision order.

Alex Watts :

If I am being honest your chances are slim.

Alex Watts :

This is because you have 4 convictions for shoplifting within 2 years.

Alex Watts :

As you know this is a dishonesty conviction and they count of offences of moral turpitude.

Alex Watts :

Therefore that shows that you can not comply with Court orders. The Court has imposed condition discharge, Community Orders etc and you have failed to comply. This is because it is a condition that you keep out of trouble.

Alex Watts :

Coupled with the fact you have drink driving conviction as well.

Alex Watts :

Sadly because of the dishonesty offences within a short period I think you are not likely to be successful.

Alex Watts :

Indeed even though you had a suspended sentence for the last one, this is still considered a custodial sentence.

Alex Watts :

Your best bet if you are going to try is to use a visa service:

Alex Watts :

But you need to be realistic - I do not want to give you false hope.

Alex Watts :

If this answers your question I hope my service has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-igiwek2m- :

Hi Alex - I have called the US Embassy and been advised to complete a DS160 form and then book an appointment - I have completed the form but not submitted it yet. here's my question. In your opinion - do you know if I'm allowed to

JACUSTOMER-igiwek2m- :

sorry....do you know if I can have legal representation at such a meeting or do I need to make as strong a case I can based on all the mitigating circumstances that have led me to the position I now find myself? One of the links you supplied is to a lawyer in London who wants £300 for an initial consultation! I cannot afford such a fee having just got back into full-time employment but I think I will lose this new job if I cannot get into the US twice a year for key conferences and trade shows. I do not want to pay £300 to be told what you've told me - if you see what I mean? Also, the drink driving offence is 9 years old - is this still going to be a factor? thanks

Alex Watts :

You can not have legal representation no. This is because it is not a legal hearing.

Alex Watts :

You need to have a Solicitor submit all the evidence and case for you.

Alex Watts :

I do not think the drink driving offence will be a factor, it will be the thefts and how you have ignored Court orders - that is where the application will be granted or fail.

Alex Watts :

Can I clarify anything else about this?

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