Work visa with a record??? HELP

[BAbound]

Hi everyone. I'm new to the forum and looking for some help on a recent dilemma that came up...

I have worked for a corporation in the US for several years since I graduated college. I have traveled to Argentina several times helping our sister company located in BA. So far Argentina has been wonderful, and I love Buenos Aires. Recently, the CEO in Argentina asked for me to move here for two years for work, and I said yes without hesitation. We are currently going through contract negotiations, and just started looking into getting a work visa. After doing some initial research on my own I realized that I have to submit a "lack of criminal record" from the FBI. This is where my dilemma begins.

I have several misdemeanors on my record from over five years ago when I was 18 / 19. To simply state the facts, I was young, dumb, and going down the wrong path. Thank God I pulled me head out of my a**, but now I risk the great opportunity to come live in Argentina.

One, I need to know what are immigrations policies on this. Will my visa be denied because of my record or do I have a chance?

Two, my company doesn't know about my record and I would like to keep it that way (they never asked). They will be using a third party to work on getting the visa, but I know I personally have to obtain the FBI record. Is there any chance of keeping this confidential by sending the documents directly to the Argentinean government?

Right now I'm in Buenos Aires for a few weeks and now that I've realized this I'm really stressed out and need some help, any would be appreciated. Thanks!

 

[steveinbsas]

Argentine migraciones now only requires the report for any/all countries in which you have lived for more than one year during past three years. I have never seen an FBI report so I don't know how far back they go. Perhaps you can request a report for the past three years, thereby avoiding the "blemishes" of prior years altogether. Migraciones shouldn't be concerned with minor infractions that happened so long ago.

As it's a work visa, I'm not sure if you can submit the paperwork to migraciones on your own, but you probably have to go in person at some point. Even so, they usually require that all of the necessary documents be submitted before they will process the application. I doubt that you could go back later (alone) and give them the report in person.


Try not to worry too much. You'll probably be OK.





REQUISITOS TRABAJADOR MIGRANTE

DOCUMENTACION A PRESENTAR:

a) IDENTIDAD: Cédula de Identidad, Pasaporte o Certificado de Nacionalidad con foto, originales. Estos documentos deberán encontrarse vigentes, en buen estado de conservación y con un juego de fotocopias completo inclusive hojas en blanco.
b) CERTIFICADO DE ANTECEDENTES PENALES ARGENTINOS Emitido por Registro Nacional de Reincidencia o Policía Federal. Solo exigible a mayores de 16 años.
c) CERTIFICADO DE CARENCIA DE ANTECEDENTES PENALES emitidos por las autoridades competentes de los países donde haya residido por un plazo superior a UN (1) año, durante el transcurso de los últimos TRES (3) años. Solo exigible a mayores de 16 (dieciséis) años.
d) DECLARACION JURADA de carencia de antecedentes penales en otros países, (será confeccionada en migraciones al momento de la solicitud de residencia).
e) INGRESO.
Sello de ingreso al país estampado en el documento de viaje o en la tarjeta migratoria

 

[MizzMarr]

Unfortunately your FBI report will contain your record. I know because I had a mishap also when I was 18, got the charges dropped but it sure did show up on my record and took a lot of hoop jumping to get it resolved. Honestly, you should probably speak with an Argentine lawyer about the specifics of your case, as residency may be denied strictly based on a criminal history. Your employers will more than likely never see your report.

You may be able to look into getting your record expunged but that might take awhile, the process is drawn out and you may need an attorney, and additionally the expunging only works for certain kinds of crimes. Misdemeanors should be ok, and shouldn't prevent you from getting residency (I say that without knowing the specifics of your case). Just so you know if your record is violent in nature it will be an uphill battle to get residency, especially if it's within the last 10 years. If you are denied then your employers would be made aware of the reason. All depends on what you have done wrong in the eyes of the law! marijuana crimes, for example, aren't looked poorly upon, but harder drugs are judged more harshly.

Good luck!

 

[BAbound]

Steveinbsas,
Thanks for your input. I have read that Argentine migrations now only require the report for any/all countries in which you have lived for more than one year during past three years. The way I interpreted this was that you still had to give a “full” report that would include all past criminal records, but only for countries that you lived in the past three years. I don’t know if I can request a three year record report.
Mizzmarr,
I also think the FBI report will have my record. Talking to an Argentine lawyer will be difficult as I don’t know any and don’t speak the language that well (yet). One of the misdemeanors is from a fight a got into with another kid when I was 18. We both got charged with simple assault from the ordeal. The two others are drinking related.
I guess I can only try and find out the hard way. I wish there was a solution or I had a time machine, but I don’t think either is coming along too soon.

 

[MizzMarr]

How long ago was all this? In the last five years?

I don't think those charges will be a deal breaker, but what you should have copies of (and translated) are any accompanying paperwork (dispositions, whether you did counseling, etc.) of the arrests and proceedings to give added detail when you file your paperwork with migraciones. This should help clear up what happened, especially since the incidents are pretty minor. Unfortunately, it's likely that your company will find out if you go through this process (since they will likely be brokering the visa process through a legal firm here), unless you can get the record expunged. Do you think it'd be a big deal if your employers found out? You might just want to come clean with them, nothing on your record is very serious.

If you want I can refer you to a reasonably priced english speaking lawyer here that I worked with for my visa, just send me a pm. There's also bajocero and one other attorney who post here on the forums.

 

[steveinbsas]

One of the misdemeanors is from a fight a got into with another kid when I was 18. We both got charged with simple assault from the ordeal. The two others are drinking related.

Young, dumb, and drunk isn't rare or horrible, especially if you are sober or drinking responsibly now and have a good work history with your present employer.

Are you already working with someone in your company to get the visa?

Do you know who will be presenting your file to migraciones?

Being up front about something like this might be far less damaging than keeping it a secret until someone you are working for is "surprised" by seeing it on your FBI report.

Just food for thought.

 

[Damiancho]

CERTIFICADO DE CARENCIA DE ANTECEDENTES PENALES

Im not a lawyer but minor things like yours shouldnt be condired "Penales"
good luck!

 

[Davidglen77]

Young, dumb, and drunk isn't rare or horrible, especially if you are sober or drinking responsibly now and have a good work history with your present employer.

Are you already working with someone in your company to get the visa?

Do you know who will be presenting your file to migraciones?

Being up front about something like this might be far less damaging than keeping it a secret until someone you are working for is "surprised" by seeing it on your FBI report.

Just food for thought.

Here's a suggestion: why don't you order the criminal background check and review it before it gets to your employer and if only then if those items do appear, you should come clean with your employer. If you work for a large company, they probably would have ordered a criminal background check on you when you started working for them in the USA, and they hired you anyway, so they may not even show up. When I worked in Human Resources years back, some people would ask me if they should list non-criminal offenses on the part of the employment application that asks "have you ever been arrested or convicted of a felony". I would advise them that only criminal charges / arrests are serious enough to be reported nationally. And other offenses may just be kept on file in your local police station and NOT reported as national crime statistics under your social security # and name. Hope this helps.

 

[earlyretirement]

Definitely this will show up on your FBI report. I had a client a few years ago in a similar situation as you are. He had a few things on his report when he was in his early 20's including assault from a fight that he got in. I think he had a minor drug possession as well. (I don't know the full story as I only have his side of the story)

He was working with a bigger multi-national company and he wanted to transfer to Argentina so he put in for it. Then he found out about the FBI report requirement. Long story short....he didn't get approved for his Visa. Argentina rejected it due to these things on the FBI report. And the worst thing is his company found out about his past.

So I'd say you have to weigh the pros/cons of this.

 

[Damiancho]

Just kidding but I remember that a couple of months after G.W. Bush started his period, jumped out to the media that he was arrested drunk many times when young, nevertheless he got a second period! so take it easy!