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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 139365
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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Second opinion] I have just been offered a job with British

Customer Question

second opinion] I have just been offered a job with British Airways and I am required to obtain a non immigrant US visa. I was convicted of Drink driving back in 2014 which resulted in a driving ban. This was well over 5yrs ago but I am wondering if it will stop be obtaining a visa?
JA: Just to clarify, which visa specifically are you asking about?
Customer: D160 / non immigrant
JA: Have you already talked to a lawyer about the visa?
Customer: no I am after advice at this stage
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 14 days ago.
Category: US Law
Customer: replied 14 days ago.
am a British Citizen and have recently been offered a job as Cabin Crew for British Airways based out of London Heathrow. One of the conditions of my employment is to be able to obtain this US Visa for stop overs in the United States, however I have two DUI convictions on my record in the UKThe first one was 19yrs ago when I was 17yrs old and the second one was almost 8yrs ago in December 2014. I did not receive any prison sentences and both of these convictions are now classed as spent in the UK. I am aware that the USA does not recognise the Rehabilitation of offenders act 1974 and this could potentially be a big problem for me.I have obviously moved on a lot since these instances and working for British Airways is my dream job which I really do not want to have to turn down.My planned start date with them is 5th December 2022 and by this time I need to have successfully obtained a D-160 visa to fly. British Airways are obviously sponsoring me for this visa and are a very reputable company. As part of my employment with them I will undertake annual medical/vetting/criminal record checks to keep me employed. I have also read that since I am not applying for residency this may be attainable?
Customer: replied 14 days ago.
I have just seen that you are a UK lawyer, I need a US immigration lawyer
Expert:  Virtual-mod replied 14 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

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Customer: replied 14 days ago.
Yea I can wait, thanks
Expert:  TetyanaP-admin replied 12 days ago.
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Expert:  Guillermo Senmartin replied 11 days ago.

Hello! My name is***** and I am a licensed attorney with more than 20 years of experience. I am here to assist you with your questions. If I do not respond quickly, I promise I will reply as soon as I can. It may take a little time to research and write your answer, I could be helping other customers, or I could be attending to personal clients as I have my law practice. Also, the system may send a message asking if you want to upgrade to a phone call. That is automated. You can ignore it if you like and continue here for no additional charge, or if you find it easier to speak, upgrade as it is usually worth it.

Remember, if I do not respond quickly, I am NOT ignoring you. I am here. I may just be busy. I am confirming by this response that I did receive your question, but if you want to make sure that this session doesn't escape my notice, just send me a short reply. Thank you for your patience.

Expert:  Guillermo Senmartin replied 11 days ago.

Sorry for the delay.  They were each simple DUIs, no injuries or such?

Customer: replied 11 days ago.
Simple ones, no injuries or damage
Expert:  Guillermo Senmartin replied 11 days ago.

You would have to file for a B visa found here:

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

https://travel.state.gov/content/travel/en/us-visas/business.html

Or perhaps a C-1/D visa found below:

https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/transit.html

https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/crewmember-visa.html

And IF they found you to be inadmissible (which I doubt with two simple DUIs from many years ago as long as you can prove you have no issues with alcohol use or abuse, often done with a medical/psychological evaluation) you would need a 212(d)(3) waiver which has no form; it is just requested verbally at the visa interview.

It can be granted by the immigration officer at the interview or after on their computer (take a look at this link):

https://fam.state.gov/searchapps/viewer?format=html&query=212(d)(3)&links=212,D,3&url=/FAM/09FAM/09FAM030503.html#M305_3_3_A

And this one:

https://fam.state.gov/fam/09FAM/09FAM030504.html

You can find more information here:

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

What else may I answer for you? I want to make sure you are satisfied and happy with my service to you.

Customer: replied 11 days ago.
One other question I have, is that I have visited the US 3 times since 2017 and having read online from various sources I could do this on an ESTA, which is what I have done.l as is not moral turpitude.Up until I received this job offer my knowledge of US immigration was very limited.I am just hoping that this won’t go against me seeing as I am coming on a British carrier and not asking to have residency in the USA, neither do I have any intention of wanting to live there as my life and family are here.
Expert:  Guillermo Senmartin replied 11 days ago.

So, you are saying that they might think that you misrepresented yourself to get into the U.S. on an ESTA?

Customer: replied 11 days ago.
Potentially however not knowingly or with the intent to do so
Expert:  Guillermo Senmartin replied 11 days ago.

Well, you may have to prove that.  If they found you inadmissible because of that, the waiver is still the same.  


What else would you like to know? It is important to me that you be satisfied and pleased with the answers that I have provided.

Customer: replied 11 days ago.
Ok I guess ultimately what I need to know that with the information that I have given you is it still possible for me to obtain a D visa as international airline crew?
Expert:  Guillermo Senmartin replied 11 days ago.

It is possible, yes, but as I said, if they find you inadmissible, you need the waiver and the waiver is not guaranteed.

What other U.S. Immigration Law questions do you have for me? I hope you are pleased with my service. All I want to do is help.

Customer: replied 11 days ago.
You are being extremely helpful. By far the most helpful attorney i have spoken to so far. When you say it is not guaranteed does that purely come down to their discretion and how I conduct myself at an interview?Furthermore, do you represent people in my scenario, and if so do you have a law firm name I can look up?I will most certainly going through this process with a lawyer, it is just about finding the right one..
Expert:  Guillermo Senmartin replied 11 days ago.

Yes, it comes down to their discretion, if they believe you deserve a shot, if it was long enough ago, if they feel you are not a danger to the community in the U.S., etc.  And no, I do not deal with consular processing cases regularly.  I just don't like them, unfortunately, so a stay away from them.  But you may look for a "consular processing" attorney at www.ailalawyer.com.

What else may I answer for you? 

Expert:  Guillermo Senmartin replied 10 days ago.

I assume that you have no additional U.S. immigration law questions for me at this time.  Thank you for being a valued customer. Due to time constraints, I am not really available for follow-up questions, but if you need more help or for any situations in the future, please post a NEW session and remember to write FOR GUILLERMO in the message box so that no one else grabs the question. That way, I can become your exclusive immigration consultant. Also, I am not currently taking active cases for representation, but I am accepting certain cases for review and for a very competitive price. Those cases are primarily Adjustment of Status, Removal of Conditions on green cards, and Naturalization. If interested, please let me know so that I can send you a Premium Service request for just a few dollars to discuss in private. I hope you continue to use Just Answer in the future. It really is a great site where, from the comfort of your own home or office, you can communicate with experts in many different areas apart from Legal like Medical, Tax, Automotive, Computer, Electronics, and the list goes on and on. Thanks again and good luck in all your endeavors!

Customer: replied 10 days ago.
No sorry you are all good, my apologies for not replying. Thank you once again for your help!
Expert:  Guillermo Senmartin replied 10 days ago.

My pleasure.  I aim to please!