Visa inadmissibility

[Thomas]

Hi.

I am in the process of acquiring a job in USA, but I have a small
problem. I was convicted for a DUI a few years ago, and it did not
fall under the petty offense exception since the maximum penalty where
I'm from was 2 years (but I was sentenced to one month). Furthermore,
since then I have entered USA twice on the visa waiver program without
problems and without knowing that perhaps I was entering illegally (I
assumed DUI was not a crime of moral turpitude, still unsure about
this?).

So my question at this point is if there's any idea to even bother
trying to go through the H1B visa process, since from what I've read,
there's no question that my background would render me inadmissible
anyway?

Also, what if I simply lie about my conviction. Since I've managed to
enter on the VWP before, maybe the conviction isn't visible to them.
What would happen if they find out?

/Thomas

[crg14624]

Hi. I am in the process of acquiring a job in USA, but I have a small problem. I was convicted for a DUI a few years ago, and it did not fall under the petty offense exception since the maximum penalty where I'm from was 2 years (but I was sentenced to one month). Furthermore, since then I have entered USA twice on the visa waiver program without problems and without knowing that perhaps I was entering illegally (I assumed DUI was not a crime of moral turpitude, still unsure about this?). So my question at this point is if there's any idea to even bother trying to go through the H1B visa process, since from what I've read, there's no question that my background would render me inadmissible anyway? Also, what if I simply lie about my conviction. Since I've managed to enter on the VWP before, maybe the conviction isn't visible to them. What would happen if they find out? /Thomas

First of all, it's never a good idea to lie to immigration so don't do
it. The good news is that a simple DUI isn't a CIMT (crime involving
moral turpitude).

The single petty offense aspect doesn't come into play because it
wasn't a CIMT.

You also can answer "No" to the arrest/conviction question on the visa
waiver form because it only asks about CIMT, drug offenses, and offenses
where you get real significant jail time. Therefore, you didn't lie on
the visa waiver application by answering no.

You need to disclose the arrest on the H1 visa application because it
asks for all arrests even though a simple DUI doesn't make you
inadmissible.

You are most likely inadmissible to Canada though.

--
Posted via http://britishexpats.com

[ChadBakewell]

Hi;



You are most likely inadmissible to Canada though.