1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Conditional discharge & H1B Visa H Visa

Discussion in 'Investment, Work Visa' started by MrBig, Mar 2, 2008.

Thread Status:
Not open for further replies.
  1. MrBig

    MrBig Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Hello Everyone, I am new here.

    My question is concerning a Conditional discharge that took place in 2003 in Canada.

    Back in 2003, I had an argument with my ex-girlfriend for which she called the cops on me. we were having problems for a bit and had decided to separate, one day I came back to the house to pick up my stuff when to my surprise I saw another man half naked in the house.

    As you can imagine after 8yrs investment in this relationship I fliped, I was upset. Nevertheless, It was my fault, I shouldn't have reacted since we had broken up for a month.

    She called the cops and said I had hit her, which is not true I only pushed her out of my way to go talk to the guy.

    after going to court(with my lawyer), I admitted to have pushed her but not hit.the judge gave me a conditional discharge and I had to take a anger management course.

    There was no Imprisonment, I was never Incarcerated

    - In 2006 I've gotten a TN visa to work for an employer in the US.
    I don't have any Criminal record in Canada but I was told by a US custom officer that I do for US Purposes

    - my employer is thinking of filing for an H1B visa on my behalf.

    My question is, would my application be rejected because of that Conditional discharged that took place in 2003?

    Also, Eventually I want to apply for a Green Card or Citizenship, will that have an impact on me to be denied?

    - Should I bring a police background check that shows I don't have a criminal record In Canada to clear my name with US Immigration?

    How does all that work? Please help.
     
    Last edited: Mar 2, 2008
  2. mafioso

    mafioso New Member

    Messages:
    1,103
    Likes Received:
    3
    Trophy Points:
    0
    If the crime for which you where changed in Canada has a maximum possible jail time of less than a year you are fine. If the court documents don’t show or appear to be a CIMT you are okay. But if your offense satisfies the petit offense exception as indicated in my first sentence, you would be okay. Just admit it on any forms with immigration and it would not affect you if it meets the exception. Be honest and have all the paper work ready for inspection by immigration. It you not prevent your GC or Citizenship if it meets the exception.
     
  3. MrBig

    MrBig Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Thank you Mafioso. I appreciate your advise and guidance in this manner.

    By the way, I enjoy this website, lots of info in here for people to use.

    Thank you.
     
  4. mafioso

    mafioso New Member

    Messages:
    1,103
    Likes Received:
    3
    Trophy Points:
    0
    Nice to know..........Let us know how it goes....
     

Share This Page

Thread Status:
Not open for further replies.