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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 110202
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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I need a US visa to work -3 months.

Customer Question

I need a US visa to work for 2-3 months. My current employer will request the visa on my behalf.

I received a police caution for simple possession of a controlled class A substance in November 2013. I have not got any other cautions or convictions. Will this stop me from having a work visa approved? If yes, are there any proactive steps I can take?

Submitted: 2 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 2 years ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

What was the type of drug? What was amount of the drug? And you are sure it was a caution and nothig else?

Customer: replied 2 years ago.
The drug was MDMA. I was in possession of half a gram. I was stopped and searched by police whilst in the ticket queue for a music concert. I was arrested and later interviewed. I was given a caution for possession of a class A controlled substance. I was not given a conviction.
Expert:  Guillermo Senmartin replied 2 years ago.
Ok. That's good. Luckily, a caution is not a conviction for immigration purposes, but that doesn't mean you are out of the woods. To be proactive, you will need to get a certified copy of the police report and the proof that it was closed as a caution. Both should be stamped as certified copies of the originals. You should get two or three sets in case they keep a set, you should always have a set with you when you travel. You will also need to establish that you do not have a drug abuse problem. So be careful how you respond to any questions in that regard. Here is a link: http://www.uscis.gov/policymanual/Print/PolicyManual-Volume8-PartB-Chapter8.html So as long as this is only a caution and you can prove that you do not have a drug abuse problem, you should be deemed admissible to the U.S. As to how you can convince the officer that you are not a drug abuser, you may have to take with you a recent medical report, a doctor's letter, drug test results, and make sure you answer any questions posed to you in a positive way. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 2 years ago.

Thank you for your response. I will action your advice.

Do the immigration authority have access to my police record when processing the work visa request?

If not, do I need to disclose that I have received a police caution?

Is it routine to be interviewed by an Officer before a visa can be approved?

Expert:  Guillermo Senmartin replied 2 years ago.
I would be very careful with this. There is no way to guarantee that the U.S. will not see the caution. Most posts on the internet show believe that the U.S. does not have access to such minor issues. Here are a few links: http://hub.unlock.org.uk/knowledgebase/travelling-america-usa/ http://forums.digitalspy.co.uk/showthread.php?t=1791448 http://www.tripadvisor.com/ShowTopic-g34515-i19-k3336274-o50-Getting_a_visa_with_a_police_caution_Need_desperate_advice-Orlando_Florida.html http://hub.unlock.org.uk/knowledgebase/travelling-america-usa/ The problem is that if you say nothing and it comes up, you can create a permanent bar to ever getting a visa again because you committed fraud or a material misrepresentation in order to get a visa. If you disclose, however, a caution is not a conviction and would not automatically make you ineligible as long as you can prove you are not a drug abuser. So I believe there is a greater risk by not disclosing it. And yes, it is routine to be interviewed by an officer before getting a visa approved. I would hazard to say that only in extremely rare cases could a person get a visa without going through an appointment/interview at the U.S. Embassy. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!
Customer: replied 2 years ago.

Relist: Answer quality.

Expert:  Guillermo Senmartin replied 2 years ago.

Jonathan, what is wrong with the answer quality? I am trying to keep you out of trouble. Why can't you appreciate that? Neither the U.S. government nor the UK government is going to reveal all the data that they have access to or all their tricks, so to speak. I know what you want to do. I know you want to avoid disclosing, but how would you feel about me if I told you not to disclose because the U.S. government doesn't have access to cautions, but somehow, the officer at the visa interview is able to find that out and then denies you because you lied about it? Would you then think that my answer quality was good because I told you what you wanted to hear?

Customer: replied 2 years ago.

Guillermo, I was dissatisfied with the content of your answer. Please do not reference internet forums.

"The problem is that if you say nothing and it comes up.."

Could you elaborate on the above? Please could you provide an indication of risk?

What is the likelihood they will have access to my spent caution? In your experience have you seen this happen before?

What is the likelihood that if I do disclose spent caution that I will become ineligible?

Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Sorry this feed was closed in error.

Guillermo if you are willing to answer the remaining of my questions I would happily leave positive feedback.

Kind regards,

Jonathan

Expert:  Guillermo Senmartin replied 2 years ago.

Hello Jonathan. I had a feeling that had been the issue. I was almost done writing the answer below when the "opt out" notice came which meant that I wasn't allowed to respond to you anymore. I had to ask Nicole to opt me back in (thanks Nicola) and it took until now for them to do so. Sorry for delay. As to the follow-up, unfortunately, as a licensed attorney, I can never recommend that you be anything but honest on your applications. The question is very direct and forward. If it wasn't direct and forward and clear, I would say, "If they don't ask, don't tell don't disclose" because failing to disclose something that is not asked for is not lying. However, they specifically ask in the visa applications. If you want me to be specific, I will::

Could you elaborate on the above? Please could you provide an indication of risk?

The risk is low, but it is a risk that I cannot advise that you take. Please re-read what I posted above because IF you do not answer honestly and IF they find out about it, it is a permanent bar for fraud or misrepresentation. Keep in mind that in the future, when you apply for perhaps a green card and maybe U.S. Citizenship in the future as well, they do deeper background checks and if they discover that you misrepresented way back when to get this visa, you could lose all your U.S. immigration benefits and similarly end up with a permanent bar plus a deportation. I've seen it happen a number of times where people are in the U.S. with green cards many years, but then apply for U.S. Citizenship to then be denied and stripped of their green cards because of some old misrepresentation to get an immigration benefit. So be careful. I tell you this because I care and don't want to see you get into trouble.

What is the likelihood they will have access to my spent caution? In your experience have you seen this happen before?

The likelihood is low, but I have seen it become an issue in the future with deeper background checks.

What is the likelihood that if I do disclose spent caution that I will become ineligible?

That's my whole point, the spent caution is NOT a conviction for U.S. immigration purposes. It is NOT going to make you ineligible. What could make you ineligible is if they believe that you are a drug addict. I already explained how to have them not think that you are.

Finally, let's say that in the unlikely event they do believe that you are an addict (which I don't see how they could think that since it will be more than 2 years since this issue and it was just one pill, etc.), there is even a waiver available under INA 212(d)(3)which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):

http://www.state.gov/documents/organization/87150.pdf

You can find more information here:

http://www.ilw.com/articles/2003,0930-labrie.shtm

So first, I really think you need to be honest about this and provide certified copies of the police report and caution, and provide any other evidence that you can show good moral character and medical evidence that you have no issues. I think you would have an excellent chance of approval. Second, even if it does become an issue, you would be an excellent candidate for a 212(d)(3) waiver.

So be honest because I have every confidence that you will be ok.

Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are NOT charged again and we do NOT finish just because it says, "Rate to finish" or something like that. I will not abandon you after you rate me positively if you have additional questions. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you for your understanding!

Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 110202
Experience: Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
Guillermo Senmartin and other US Law Specialists are ready to help you
Expert:  Guillermo Senmartin replied 2 years ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Customer: replied 2 years ago.

Thank you very much Sir. Brilliant service.

Expert:  Guillermo Senmartin replied 2 years ago.
You are very welcome! Thank you for the positive rating. If you would like to request me in the future, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!