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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107996
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 am a management professional with Indian passport

Resolved Question:

Hi,
I am a management professional with Indian passport and UK permanent resident permit in UK. I have US B1/B2 visa valid for next 8 years issues in 2014. After I received my USvisa, unfortunately I got convicted of AC10/AC20 (fine £250, 5 points on licence) for a car park accident (bumped against a stationary car and didn't report within 24 hrs). Now, I have a few questions on the implications
1. Can I still use my US visa to travel to US and/or should I declare before/after travel?
2. Should I get british passport at some time, will I be eligible for ESTA or should I go through the visa route?
3. How will this impact my employment prospects especially with US HQ companies?
Submitted: 1 year ago.
Category: US Law
Expert:  Guillermo Senmartin replied 1 year 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. 1) Yes, you can still use the B1/B2, but you must disclose the incident if asked either in person or on any forms. I would take with you certified copies of the police report and court disposition whenever you travel. It should fit under the petty offense exception and should not cause you to be denied entry as long as the maximum jail time COULD have been 1 year or less AND the actual jail sentence was less than 6 months. No time in jail is less than 6 months. 2) Unfortunately, no. The ESTA is for those that relatively have no issues. But that's ok, you have the B1/B2. 3) Again, because it should fall under the petty offense exception, it would not make you inadmissible to the U.S. As to whether or not a company in the U.S. would hire you, that I cannot say. If they run a background check and don't like what they see, it could prevent you from being hired, but that's a decision of the company. 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. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 1 year ago.
Thanks for your response.
1.You say, my convictions (AC10 and AC20) should fall under petty offense exception. I am not sure if the maximum sentence is less than 1 year for such an offence. Can you clarify if it is indeed the case?
2. Also, does this offence fall under 'moral turpitude' as classed by US.
3. I have the court disposal document which I can take along. I don't have a police certificate (ACRO). Should I apply for one? How do I get the documents certified?
4. I have schengen visa (2 years) for Europe. I assume I don't need to carry the conviction related documents for EU travel.
Customer: replied 1 year ago.
Also, I will lose my B1/B2 if/when I change my passport (from Indian to British as there is no dual citizenship allowed by India) so this means I need to apply for new US visa if/when I get British passport.
Expert:  Guillermo Senmartin replied 1 year ago.
1) I'm an expert on U.S. immigration law, no the criminal laws of the UK, but from what I see through my research, the maximum penalty is 6 months in jail. So from that end you are ok. 2) It is not a moral turpitude classification if there were no injuries. 3) Yes, to be on the safe side, you should get one. 4) Again, I am a U.S. immigration law expert, so I cannot tell you about the Schengen visa. And yes, most likely you will need to apply for a new visa. You could try for the ESTA or B1/B2, but you most disclose. 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. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!
Customer: replied 1 year ago.
Thanks again. You say, I could try for ESTA which is contradictory to your earlier statement. If/when I get my british passport, what should I do? Apply for ESTA or B1/B2 visa?
Expert:  Guillermo Senmartin replied 1 year ago.
You don't need an ESTA if you have a B1/B2. but now that you say you may have to change passports, you can try. The ESTA is supposed to be for those that have no issues in their background. You can try and you can argue that the offense is not a crime involving moral turpitude and you would be right, but that still doesn't mean you are guaranteed to get an approval. So try the ESTA, be honest, and then if they do not approve it, try for the B1/B2. The B1/B2 is the better visa. The ESTA does not allow you to change status in the U.S. nor extend status in the U.S. It's not really a good visa to have. Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. Talk about unfair! So I hope you leave that positive rating. Your question does NOT close if you forgot to ask something. You aren't charged again if you respond on the same thread. If you don't see the stars by my name, just let me know. Thank you for your understanding.
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107996
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 1 year ago.
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!

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