M1 Visa - Criminal Conviction

[goose67]

Hi,
Not sure if anyone can give me any pointers about this, but I'm considering applying for an M1 visa to do IMC & Night Ratings in the USA next year. I have a conviction for fraud. I got it 15 years ago and got a £750 fine :( . It became spent 10 years ago, but the US Embassy website says spent convictions have to be disclosed under US visa law. Does anyone know if that sort of conviction is likely to result in a refusal? I'm trying to get an idea at least, before I go down the application and interview route.
Cheers.
:(

[chevvron]

Put it this way, I'd hate to be you if you don't disclose and they find out.
Seriously, you should seek legal advice from someone who knows the American system. There must be someone in the UK who can do this.

[goose67]

Okay. I've done some homework and I can find out tomorrow if the conviction is still on the SCRO database (Scottish Criminal Record Office). It if isn't on that, then it can't be on any other database, such as the PNC, as it ocurred prior to 1995. You learn something new every day.

[OFBSLF]

Okay. I've done some homework and I can find out tomorrow if the conviction is still on the SCRO database (Scottish Criminal Record Office). It if isn't on that, then it can't be on any other database, such as the PNC, as it ocurred prior to 1995.Let me see if I understand what you are proposing here. "If it isn't in that database, then they probably can't find it, so I won't tell them." Is that what you are implying?

If so, that's a very dangerous route you are going down. I presume that the visa application form says something along the lines that lying on the form is against US law. Did I misread what you posted, or are you not proposing to lie on the form if you think you can get away with it?

Tell me if I'm missing something here.

[goose67]

Hi,
No, my problem was trying to find the public record. The US embassy website here in the UK explains that you must supply an official record of the conviction from the INS or PNC. The PNC only started in 1995, so I was struggling to find out where I could get the official record in Scotland. My homework led me to the Scottish Criminal Record Office and that's where I should be able to get a copy of the conviction. My worry was that the conviction due to its age might not be on the SCRO (as police forces in Scotland are not obliged to keep records for given categories of offence prior to 1992 I think it is). I would then be in the position of having a conviction that I couldn't provide any public record of. Sorry if I confused you.

I've already spoken to an american immigration attorney at (breakthroughusa.com) who is going to give me an assessment for the M1 based on my specific circumstances. That way I'll have a good idea from an informed source of my prospects before I go down the visa application route here in the UK. The reason for posting on this forum was to find out if anyone in the aviation community had any experience/feedback. I'm not the sort of person who would withhold information like that and "chance it".

Hope this clarifies things for you.

[zombieaa]

How can they legally (or by other means) find out unless you sign a disclosure form or statement?????

[OFBSLF]

goose67:

Ah, ok. Sorry that I misinterpreted.

zombieaa:

I suspect it would be unlikely for them to find out. However, you never know.

Suppose Bad Bob had a conviction in UK. Bad Bob then applies for a visa to the US but does not mention his felony conviction.

Bad Bob goes to the US and then gets into trouble here. He gets arrested. The authorities in the US then call up the authorities in his domicile in the UK and ask them about Bad Bob. They do a background check and tell their fellow officers in the US that Bad Bob has been around the block before.

The US officers may have a hard time proving that Bad Bob actually did something bad in the US. However, they now have a slam-dunk immigration violation because Bad Bob failed to mention his felony on the immigration form.

My advice on all such similar matters is to obey the letter of the law. The penalty for failing to do so, however unlikely it is that you will get caught and however much bullsh*t the law is, is generally far greater than you want to experience.