HELP! J1 VISA with an AGGRAVATED ASSAULT conviction?

[W4Z91]

Hi everyone,

I have recently been offered my dream job in the USA next year but after hours of reading, I am very dubious about my eligibility for the required J1 VISA. I am not a bad person but I have made mistakes that I believe poorly reflect who I am.

8 years ago - Aggravated Burglary and Assault occasioning bodily harm - $700 fine (spent conviction).
2 years ago - Aggravated Assault - $500 fine (criminal conviction).
Driving offenses including DUI - Licence suspension 6 months.
I have never committed a crime that resulted in a prison term.

From what I understand, a criminal conviction involving circumstances of aggravation puts that particular crime under the "crimes of moral turpitude category".

Can anybody please help shed some light on my realistic possibilities of being granted a J1 working VISA taking in to account my criminal history.

I'd really appreciate your help.

 

[Dr Ralph]

From memory there have been a number of threads on this issue over the past couple of years. I recommend you start by having a look at those threads as from memory they contained details of the outcomes in individual circumstances.

I seem to recall it being irrelevant that your crime didn't result in a prison sentence, what was relevant was that it 'could' have resulted in a prison sentence.

I'd recommend you contact the US Embassy directly for up to date information. I would not be relying upon the advice from this forum given how important this issue is to you.

 

[W4Z91]

From memory there have been a number of threads on this issue over the past couple of years.

I'm a brand new member. I've looked long and hard for answers but come up short. Is there anything you can point me towards particularly involving crimes of moral turpitude and the likeliness of a visa application being accepted?

 

[support]

Searching for "turpitude" – without the moral – yields some results and I would imagine the "Visas, Immigration & Customs" forum would be a good place to look.

Criminal record and obtaining a US visa (850 replies) is but one example.

 

[Dr Ralph]

I've looked long and hard for answers but come up short. Is there anything you can point me towards particularly involving crimes of moral turpitude and the likeliness of a visa application being accepted?

The following google search:

'australian frequent flyer J1'

yielded a number of relevant results, including the following:

J1 Visa to the USA question - non criminal record

AFF also has it's own search function which you should utalise.

 

[zenyattamondatta]

I don't like your chances given the repetition and the recentness of the assault charge.

But in the end the only answer that will matter will be that given by the US authorities. I suggest you try to kick off the process as quickly as possible. There is some wiggle room as to whether aggravated assault constitutes a crime involving moral turpitude (CIMT).

 

[Hvr]

From previous responses there generally needs to be a five year history of crime free behaviour before a visa will be considered.

I have never committed a crime that resulted in a prison term.

Your crimes may not have resulted in a prison term but just reading the list many people suggest that they probably deserved some time.

Your only way ahead is to speak with a US immigration lawyer.

 

[W4Z91]

From previous responses there generally needs to be a five year history of crime free behaviour before a visa will be considered.



Your crimes may not have resulted in a prison term but just reading the list many people suggest that they probably deserved some time.

Your only way ahead is to speak with a US immigration lawyer.

You don't know the circumstances of any of the offenses

 

[trooper]

True - but Aggravated Burglary plus Aggravated Assault PLUS Assault occasioning BH PLUS DUI? I'd have a hard time imagining "circumstances" for such a quartet that reflect WELL on the OP....

Best advice has already been given... get the visa app started ASAP!

 

[juddles]

You don't know the circumstances of any of the offenses

The place to fight "circumstances" was in court. This sounds like a shocking history. 'You reap what you sow". The USA have enough problems without letting in people who have already proven to be difficult... As someone else already posted, contact them directly. You give no detail about the offences - only outcomes. Be assured that Australia is one of the most lenient places on the planet. A "$700 fine" here equates to many years jail in most places.

 

[Dr Ralph]

You don't know the circumstances of any of the offenses

This is irrelevant.

Either you were convicted or you were not convicted.

 

[AisleSeat]

If you've been arrested, cautioned or convicted, you're required to declare it. "Spent" convictions aren't recognised by the USA.

The only thing you can do is the roll the dice here. Get your police background check, do the application and cross your fingers. The interview at the consulate will decide your fate.

 

[W4Z91]

This is irrelevant.

The circumstances of a crime are certainly not irrelevant when determining whether someone is deserving of a prison sentence. Which, you'll see, was the point I was making.

 

[Pushka]

The circumstances of a crime are certainly not irrelevant when determining whether someone is deserving of a prison sentence. Which, you'll see, was the point I was making.

But it isnt just one serious offence but several. That equates to a pattern of behaviour. Driving offences including DUI - there is no excuse there. I wish you the best of luck. And get the process started now, asap if you have any chance of success.

 

[zenyattamondatta]

Perhaps you can get the program sponsor to support your application with a statement explaining why they want to hire you despite your previous convictions?

This exception clause appears problematic:

"the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year"

Ineligibilities and Waivers: Laws

 

[Dr Ralph]

The circumstances of a crime are certainly not irrelevant when determining whether someone is deserving of a prison sentence. Which, you'll see, was the point I was making.

The statement I made is accurate.

Not sure I see the value in joining AFF to start arguing with people that have already provided you with the best advice you are likely to receive. I urge you to act without further obfuscation.

 

[zenyattamondatta]

Not sure I see the value in joining AFF to start attacking people that have already provided you with the best advice you are likely to receive.

"Attacking" is a bit of stretch.

 

[burmans]

The circumstances of a crime are certainly not irrelevant when determining whether someone is deserving of a prison sentence. Which, you'll see, was the point I was making.

While I can see the point you are making at the end of the day the USA make their own rules for who can enter the country and it may be they aren't particularly interested in mitigating circumstances. As per hvr's recommrndation I would also suggest you need to talk to someone who actually knows US immigration law rather than relying on speculative views on what they should/shouldn't consider.

 

[W4Z91]

The statement I made is accurate.

Not sure I see the value in joining AFF to start arguing with people that have already provided you with the best advice you are likely to receive. I urge you to act without further obfuscation.

The statement you made is not accurate. Australian courts 100% take the circumstances of a crime into account when deciding on penalties.

 

[GoldCanyon340]

You need to speak to a lawyer or experienced immigration consultant ASAP.