View Full Version : Can I Get A M-1 Visa With a Criminal Record?
TheNakedTrader
26th Jun 2012, 10:28
Dear all,
I'm writing this from Singapore. In 2009, I was convicted of some 4 charges and thereafter sentenced to 1-day....(yes, you read that right, its ONE DAY) imprisonment. The actual time in prison spent was more like 2-3 hours before I was released on the same day.
I will not go into the details and circumstances leading up to my conviction...let's just say that over here (and probably many other countries), justice is for the rich.
And poor people like myself have no choice but to plead guilty to save time and money.
Anyway, I do not intend to be a professional pilot. I'm just looking to get an M1-visa, go to the USA and get an FAA PPL done. then in the near future, purchase a N-reg plane and have it shipped to Singapore, so I may fly at my own leisure and discretion.
Will this criminal record render my M-1 visa application useless?
Regards
Bryan
S-Works
26th Jun 2012, 14:22
Depends if you were convicted of a crime involving moral turpitude.
The only way to find out is apply and see what happens at interview at the embassy.
I know of people that have managed to get visas without a problem with a criminal record. It depends on the nature of the crime, if you have a repetitive history and the time since conviction.
Be honest on the application, trying to cover it up will only end in tears....
piperboy84
26th Jun 2012, 14:26
Well for what is worth i can share my past experiences in applying for E (investor Visa) HI-b (skilled employee visa) green cards and other types of visa's for both family and employees, I am not an immigration expert nor am I an immigration lawyer but if it helps I will share my experiences with the application process with you. I am not familair with the M type visa but i assume it is similar to the old J type for students and short term professional training.
A caveat is most, but not all, of the applications I made were in the early 2000,s and prior to 9/11 and other laws being enacted and the US Immigration and Naturalization Service's being reformed.
Some of the people/employees I applied for had convictions which were classed as misdemeanours ( punishable by up to 1 year in jail) which did not prevent them from gaining a visa. Felonies (punishable by more than a year in jail were a big no no) However if the conviction was for a "crime of moral turpitude which the immigration department had a list of qualifying crimes) that also was a show stopper and I believe some misdemeanours fall into that category. They are now very serious about drunk driving convictions also.
Best to call a US lawyer (there are plenty of them;)) with an immigration practice/specialty to see, my experience was some will do a brief initial case overview over the phone if you are overseas and let you know your options/chances.
The good news is since all the departmental changes and the hiring of private contractors ( I believe it was a division of Boeing) to process applications, things go a lot quicker
Not trying to be smart but if you haven't started your pilot training whether it's for a FAA license or one from Singapore how do you know what plane you want and why does it have to be an N reg? Surely other factors such as local availability/config take priority.
I fly a N reg because it is the specific make,model, config and price I wanted and none were for sale in the UK at the time, had there been one here I would have bought it and skipped all the BS.
Nibbler
26th Jun 2012, 15:06
The UK have a statue of limitations on most types of criminal convictions which would not show up on a Standard Criminal Records Bureau (CRB) check but may do so on an Enhanced CRB Check.
Question is would you have to declare any expired convictions?
piperboy84
26th Jun 2012, 15:15
Question is would you have to declare any expired convictions
Not sure about Singapore but i remember reading something about Blair allowing US authorities access to UK citizens criminal/arrest history even on stuff that was expunged or out of date for use by UK officials and law enforcement.
That is why some poor bastards when asked upon arrival at US immigration if they have ever committed a crime they answer NO due to there sole conviction either being out of date or when they were a minor being held in detention then deported because the US have access to all that data.
best policy is do not lie and tell them everything, they probably already know it anyway and are just checking to see if you are gonna fess up.
the reason they kick you out is not the crime, it is lying to them about it
S-Works
26th Jun 2012, 15:28
The UK have a statue of limitations on most types of criminal convictions which would not show up on a Standard Criminal Records Bureau (CRB) check but may do so on an Enhanced CRB Check.
Question is would you have to declare any expired convictions?
The US did not get the access the wanted to the UK CRB records as I recall, but it was a close thing.
The US does not have the concept of a spent conviction and they do not respect other countries rules on that matter either. A CRB check with a spent conviction will just show 'No Live Trace' which tells them there is something in your past but not what it was. No conviction history comes up with just 'No Trace' as I recall.
Access to the old data is only accessible by certain people and only with very good cause.
Nibbler
26th Jun 2012, 15:32
Yeah that would make all sorts of sense, thanks.
piperboy84
26th Jun 2012, 15:35
Not sure about nowadays but when i became a US citizen in the 80,s the process then was for you to submit a print out from the police of your arrest record along with your application. if i recall correctly a lot of folks had trouble getting this from the cops
S-Works
26th Jun 2012, 15:50
Not sure about nowadays but when i became a US citizen in the 80,s the process then was for you to submit a print out from the police of your arrest record along with your application. if i recall correctly a lot of folks had trouble getting this from the cops
Still the same. It's done via ACPO. I just got a new Visa and went through the same process. I understand that even if you are considered spend and it shows no live trace you then have to go to the court and get a copy of the court records to take with you.
thing
26th Jun 2012, 17:34
Can't help you with your original question but I was just amused by
And poor people like myself have no choice but to plead guilty to save time and money.
and
I'm just looking to get an M1-visa, go to the USA and get an FAA PPL done. then in the near future, purchase a N-reg plane and have it shipped to Singapore, so I may fly at my own leisure and discretion.
Jan Olieslagers
26th Jun 2012, 17:55
I was just amused
I wasn't going to say but felt quite the same.
peterh337
26th Jun 2012, 18:56
He will prob99 have to transfer it to a local reg.
proudprivate
26th Jun 2012, 21:55
I will not go into the details and circumstances leading up to my conviction...let's just say that over here (and probably many other countries), justice is for the rich.
And poor people like myself have no choice but to plead guilty to save time and money.
The "flying an aircraft without a license" and "strifing a beach banana" he would have gotten away with, but the "mooning of a female CAAS officer on duty" and the "unauthorized trading on behalf of a clueless British private bank" finally did him in...
But seriously, OP should talk to the US Embassy (http://singapore.usembassy.gov/contact_us.html).
justice is for the rich.
And poor people like myself have no choice but to plead guilty to save time and money
followed by:
get an FAA PPL done. then in the near future, purchase a N-reg plane and have it shipped to Singapore, so I may fly at my own leisure and discretion.
:confused::confused::confused:
Contradicting statements to say the least.
What was it? Drunk and disorderly with property damage and resisting arrest? That's 4......
In any case as far as the visa is concerned, if it was a misdemeanor you should be good and if it was a felony you're done for.
Well, I can't help thinking that you have 5 posts to your name and are anonymous. You'd have nothing to lose in telling us what your misdemeanour was, then somebody might actually be able to advise you on whether or not it would be likely to cause trouble. If needs be, just create a new persona afterwards.
Pilot.Lyons
30th Jun 2012, 09:09
Thing....
I was thinking the same lol
Im not wealthy in the slightest and i have to rent a spam can from a flying club as and when i can get the dough together....
Id be banged up for life out there then :D