US P1 VISA with criminal record

Travel Forums North America US P1 VISA with criminal record

1. Posted by Reggie90 (First Time Poster 1 posts) 51w Star this if you like it!

Hi guys, I know there are 1000 threads very similar to mine however I'm in desperate need of help.

5 years ago I had a huge fight with an ex-partner (found out she was cheating) ended up with getting a bottle thrown at me, scratched, slapped and had to hold her arms to restrain her. Because I was shouting prior to this I now have an abusive and threatening behaviour charge and a common assault charge. I didn't really know what to do so just plead guilty so I could get home (Had moved to scotland from the south of england with her) and have it done with as soon as possible, I was 20ish and was naive to the consequences of doing so.

Never done a single thing wrong other than this, and even the police officer told me I'd have never been arrested if it wasn't for a big campaign against domestic violence at the time in Scotland as i was covered in marks, scratches etc and she had a slightly red arm.

The problem is I now need to apply for a P1 Visa for a job I've been offered and i have no idea if I'll be accepted, any experience would really be appreciated if possible, thanks!

2. Posted by leics2 (Travel Guru 1512 posts) 51w Star this if you like it!

>i have no idea if I'll be accepted,

First of all, no-one here or anywhere else can tell you whether you will be granted a P1 or any other sort of US visa. Decisions are made on a case-by-case basis and none of us are privy to all the details of your particular case ....nor should we be.

If a criminal offence is considered to involve moral turpitude (a rather nebulous US legal concept) the offender is not eligible to enter the US without a 'waiver of ineligibility' (see below). From the information given here (The Hub is part of a charity which assists UK offenders):

it's possible that your offences will not be considered CIMT (crimes involving moral turpitude). But it's important to recognise that the rules, regulations and internal guidelines under which interviewing officers make visa decisions are not in the public domain.

If your offences are considered CIMT you must have a waiver of ineligibility before you enter the US. If a waiver is considered necessary the interviewing officer will decide whether to recommend you or not. Being recommended does not guarantee a waiver will be granted: it just means the officer thinks there is a good chance it will be. If the waiver is granted a visa will be granted.

The downside is that processing waivers of ineligibility is a lengthy process (London estimates 6-8 months, Belfast 3-4 months though both can sometimes be depends on the number of recommendations being processsed in the US).

The only way to find out if you'll get a visa or will need a waiver first is to make the application and attend the interview.

Interviewing officers want to be sure that you acknowledge that what you did was wrong and don't intend to behave in the same way in future. So resist the temptation to excuse your behaviour by blaming your ex-partner's behaviour, suggesting that you wouldn't have been arrested if there wasn't a campaign against domestic violence at the time or only pleaded guily because you wanted to get home. Much better to accept responsibility for your actions and show that your attitude has changed.

I wish you the best of luck with your interview.