Can I get a J1 working Visa to the US, on a good behaviour bond?

[charlie1]

I am currently undergoing getting a J1 working visa with a company, as a cultural exchange program. I have spent the weekend researching a few things regarding my personal situation in receiving a visa to the United States. It is a bit of a touchy subject, and I was hoping that I could ask for some advice on the matter. I thought if you could give me direct insight from your end, you could potentially save me from spending a lot of money on an quest that could very well be rejected in the end.

I have two issues -

1. I have a low range DUI I received about a year ago 0.06. I was not arrested. And this is actually now being investigated by police as being handled very unprofessionally, as I was wrongfully charged ( I have a letter from the Minister of NSW Police outlining this).

2. 8 months ago I was assaulted by a security guard and this led to a series of court hearings. It was very much a wrong place, wrong time situation. I was convicted of no crime, however I am on a 12 month good behavior bond.

Each of these both come with a detailed story, and I have court records, letters from officials and lengthy references that come with both of them. I feel very confident that neither of these should be a problem as they do not reflect my character, my person or the work that I do. I work as a Visual Arts Teacher for students who have vision impairments and other special needs.

My reason for applying for this visa at this time, is because I am only a recent graduate until March 2013 and I want to make the most of this opportunity. I have had a Skype interview already with an art Gallery in San Fransisco for work, as well as New York. I am seriously trying to set myself up there, and really really want to try my best at this opportunity to getting a visa to the USA on cultural exchange.

Your honest opinion on my chances of being approved by the consulate? I just worry what the deal is when traveling to the states on a good behavior bond...

 

[harvyk]

I strongly suspect that the odds of you receiving the visa are not good. The DUI probably won't cause you any problems, but an assault charge is probably going to make you unstuck. Keep in mind that the US has no concept of "no conviction", and wrong place wrong time or not, you do have a finding against you, otherwise you wouldn't have a 12 month good behavior bond.

Prior to doing anything I would request a copy of your police certificate advising them it's for a visa. This is what the US will have access to if you do put in a request for a visa. If there are things listed, I would think very carefully about actually approaching the US for a visa, as we have things such as the spent convictions scheme which wipe the slate clean after a certain number of years (5 or 10, depending on your age at the time of the offense). If you apply for a visa with blemishes on your record, you will need to advise the US of that fact, and the US unlike AU does not forget even small things which happened years ago, and thus may prevent your travelling to the US permanently.

Of course at this point in time I will insert the standard disclaimers and advise you speak with an actual lawyer who is familiar with US visa and immigration law.

 

[auspal]

Good advice to try for the police certificate, by the sounds of it , it will probably come back totally clear, so not sure how the USA authorities get the info on offences in which no conviction is recorded?

 

[harvyk]

Good advice to try for the police certificate, by the sounds of it , it will probably come back totally clear, so not sure how the USA authorities get the info on offences in which no conviction is recorded?

You have to remember that the US also uses arrests as part of their decision making process. (Just look at the VWP form, it doesn't ask about convictions, it asks about arrests)

 

[charlie1]

Thank you so much for your reply. I really appreciate it. It is so hard to know what to do, particularly because these incidents were very much a "wrong place wrong time" circumstance. And I feel that if they were to see me and sit and talk with me everything would be ok and I would be fine in receiving my visa. But perhaps with matters like this, there are too many loop holes and it is not worth the stress..

I heard they take your passport too if you were eligible for a waiver... is this true do you know?

Cheers!

 

[moa999]

Read this length thread on more basic visas.
http://www.australianfrequentflyer....iminal-record-obtaining-us-visa-15468-10.html

 

[auspal]

Harvyk, an arrest doesnt mean someone is even charged, or found guilty, let alone convicted, so if the traveller doesnt tell them, and the Australian Federal police certainly wont, how would they know? I would have to read more into it to state facts.

Dont give up charlie1, give it a go. And a good behaviour bond is just that, if you are being of good behaviour then you have nothing to worry about, USA isnt trying to keep out people like you. Good luck with everything.

 

[harvyk]

Harvyk, an arrest doesnt mean someone is even charged, or found guilty, let alone convicted, so if the traveller doesnt tell them, and the Australian Federal police certainly wont, how would they know? I would have to read more into it to state facts.

Whilst not 100% relevant to this topic, I am right now filling out the ESTA Application (literally today), as my last one expired. From the form - Question B (bolding mine)

B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Basically they ask if you have been arrested or convicted. How they would get this information I do not know, but since they ask the question in that way, one can imagine it is used as part of their decision making process, and if they can get that information they will.

I don't know if they get the information from local authorities (keep in mind what the AU police won't let slip other countries may have no problems handing over. This is not a form just for AU), that said they first do put some threatening sounding warnings at the start, so they are probably hoping that people will be scared into disclosing something that according to our laws / policies or legal procedures the police and / or courts don't have to.

 

[MEL_Traveller]

Thank you so much for your reply. I really appreciate it. It is so hard to know what to do, particularly because these incidents were very much a "wrong place wrong time" circumstance. And I feel that if they were to see me and sit and talk with me everything would be ok and I would be fine in receiving my visa. But perhaps with matters like this, there are too many loop holes and it is not worth the stress..

I heard they take your passport too if you were eligible for a waiver... is this true do you know?

Cheers!

I appreciate you have your view on how things unfolded, but there really is something 'no quite right' about your story, and if I feel that way, then it is likely the person reviewing your visa application will feel that way (initially at least).

What is they key problem? You say they you were assaulted by a security guard, but then it was you that was given the good behaviour bond. Those two don't add up. Most people would assume if you were assaulted then the security guard would be given the sentence.

Now obviously i accept you don't want to go into details, and obviously you will have all the relevant information to give to the US Embassy and they will be able to make an informed decision. But at the end of the day, it was still you that got the sentence. i have a gut instinct (without all the facts of course!) that this is what the embassy will consider, rather than just dismissing it as a 'wrong place wrong time' thing.

I appreciate you may be charming and think that having an interview will show them that you are really nice. However lots of people can be really nice most of the time. It is the risk of you offending while in the states they are going to be concerned about. And that you may end up 'in the wrong place at the wrong time' if they let you in there.