How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28664
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith Ludwic is online now
A new question is answered every 9 seconds

Need a Sydney lawyer's advice

Customer Question

Hi need a Sydney lawyer's advice
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 2 years ago.
Is this an Australian immigration law question or US?
Judith
Customer: replied 2 years ago.
Got a section 10 without conviction and 12 month good behaviour bond for the charge of larceny. Shoplifted some bags of groceries from Coles. What questions will i have to answer at US consulate visa interview? Do I have to disclose the charge? What shows up on police check for US visa? My company have requested me to transfer to NY for the next*****hearing was Dec 2014 and bond is therefore up in December 2015. Can they tell my employer? Is it worth the risk even bothering to apply for visa? Separate issue to working there if that falls through, can I travel there as a tourist for a wedding for a week on visa waiver while in same situation
Expert:  Judith Ludwic replied 2 years ago.
What questions will i have to answer at US consulate visa interview?
You will need to take with you a certified copy of the court disposition that shows the charges and includes the police report.
Do I have to disclose the charge?
Absolutely, you have to answer YES to the question:
Have you ever been arrested or convicted for any
offense or crime, even though subject of a
pardon, amnesty, or other similar action?
What shows up on police check for US visa?
The US and Australia share all criminal history records through a cooperative agreement so the arrest will be a hit when the US does a background check.
My company have requested me to transfer to NY for the next*****hearing was Dec 2014 and bond is therefore up in December 2015.
You may not be eligible for a visa until you complete your bond. Until you do that you could still be brought back into court for violation so the case is not closed.
Can they tell my employer?
No
Is it worth the risk even bothering to apply for visa?
I doubt you will get the visa until after the case is disposed of and dismissed.
Separate issue to working there if that falls through, can I travel there as a tourist for a wedding for a week on visa waiver while in same situation
After the case has been disposed of then you can file the ESTA. Until then you are still under the jurisdiction of the court.
On the ESTA form the question is different:
Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
You can answer NO to that because it was petty larceny but you have to have the case dismissed because you will need to carry with you a certified copy of the court disposition to prove you have no conviction and the arrest was for petty larceny.
Different law from the work visa. Different question.
Sorry mate, you will need to wait until this is cleaned up with the dismissal to enter the US.
I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith
Customer: replied 2 years ago.
OK so I can't even travel to the States at all basically until the 12 months is over?
Customer: replied 2 years ago.
It sounds like in your opinion this is fairly straight forward and I shoudn't even bother trying to apply for work visa. But say I want to try anyway and they reject it then is this recorded. How does my employer not find out the reason? So far I kept it from them for obvious reasons
Customer: replied 2 years ago.
Also, I wasn't actually arrested and as I was led to understand the section 10 meant I wasn't convicted. So could I not just answer no in good conscience? What are the consequences of answering no at the visa interview?
Customer: replied 2 years ago.
As for the tourist visa I thought that after 12 months everything gets dropped from my record so can answer no to everything and wouldn't have to carry around anything to verify I have no conviction beacause that would defeat the purpose of getting the section 10. It sounds like I'm wrong in this also?
Expert:  Judith Ludwic replied 2 years ago.
It helps to put all questions in one reply.
so I can't even travel to the States at all basically until the 12 months is over?
You cannot travel until the case has been closed by the court.
I shoudn't even bother trying to apply for work visa. But say I want to try anyway and they reject it then is this recorded.
If your visa is refused then you cannot use ESTA for at least 5 years. You would have to be given a visitor visa B1/2 to enter the US.
So visa refusal has serious consequences.
How does my employer not find out the reason?
Visa application info is confidential personal information protected by US right of privacy laws.
A Section 10 is considered an arrest charge under US immigration laws. It doesn't matter what the Australian criminal laws classify it. I understand there is no conviction but you are on good behavior bond and if you breach that you could have a conviction. So until this matter is closed US is not giving you a visa. You are not home free.
As for the tourist visa I thought that after 12 months everything gets dropped from my record so can answer no to everything and wouldn't have to carry around anything to verify I have no conviction beacause that would defeat the purpose of getting the section 10. It sounds like I'm wrong in this also?
Dead wrong. Your history stay in your electronic file for your entire life.
These are all the US data files that are scanned for your history when you apply for a visa.
http://www.fbi.gov/about-us/cjis/law-enforcement-records-management-system
Again, Australia and US have cooperative agreements and share all their criminal files.
I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith
Expert:  Judith Ludwic replied 2 years ago.
The NSW's attorney and my answer were the same although I went into greater detail for you.
May I answer anything further so that you find it helpful?
Unfortunately, lawyers cannot always tell the client what they want to hear. We have an ethical obligation to tell you with absolute honesty how the law applies to your facts.
I am happy to clarify further.
Judith

Related Immigration Law Questions