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Thread: Visa inadmissibility

  1. #1
    Junior Member
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    May 2005
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    Default Visa inadmissibility

    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

  2. #2
    Senior Member
    Join Date
    Apr 2004
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    1,499

    Default Visa inadmissibility

    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

  3. #3
    Junior Member
    Join Date
    Oct 2008
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    hawai
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    Wink Visa inadmissibility

    Hi;



    You are most likely inadmissible to Canada though.

  4. #4
    Junior Member
    Join Date
    Feb 2012
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    Default

    That is horrible... when I was 18 I had a little too much fun, and ended up with a DUI. That was over 20 years ago! It doesn't seem right that I can never get a visa because of some petty mistake that I made when I was a kid!

  5. #5
    Senior Member
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    Exclamation

    Quote Originally Posted by Sandi7 View Post
    That is horrible... when I was 18 I had a little too much fun, and ended up with a DUI. That was over 20 years ago! It doesn't seem right that I can never get a visa because of some petty mistake that I made when I was a kid!
    Yes and the original posting date was almost seven years ago
    I'm sure that the OP's immigration dilemma has since been resolved one way or another.
    Please do not respond to old posts.

    BTW,
    Driving while under the influeance, risking your life and the lives of others is NOT A PETTY MISTAKE!
    It was someones PETTY MISTAKE
    that killed my son.
    Last edited by drruthless; 02-09-2012 at 08:18 AM.

  6. #6
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    Default

    I believe I will close this thread from 2005 since we also got a post posted in 2008 besides the one posted today.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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