JDATL said:
Thanks for the replies! I am still wondering if I need to provide any documentation or if I even need to declare it on the visa application where it asks if I have ever been convicted of a crime. It is good to know it should not harm my entry!
JDATL - Absolutely DO NOT saying anything about this. If you mention it on your Visa application they will start an investigation and you could be denied. Omit the information compleletly and if it comes up just play forgetful. Like this....."Oh my gosh, you are absolutely right. That was so long ago and I was so young I completely forgot about it". They are more than likely to overlook forgetfullness.
I am speaking from experience. I some issues with a child support case just before I was leaving the U.S and getting my residents permit and didn't say anything about it to them before I left. I took care of the situation after I had all my Dutch documents in order and they never checked.
JDATL said:
Thanks for the replies! I am still wondering if I need to provide any documentation or if I even need to declare it on the visa application where it asks if I have ever been convicted of a crime. It is good to know it should not harm my entry!
It depends-- you didn't say what the specific conviction was. For it to be something they want you to report, it has to be something that translates into Dutch criminal law as a misdrijf , which is the more serious class of crimes (something like a felony-- where the less serious class of crimes are overtredingen -- but watch out! An American misdemeanor does not just automatically translate into an overtreding, nor does an American felony automatically translate into a misdrijf. While murder, rape and assault are misdrijven in Dutch criminal law, which you would expect, so is spraying graffiti, which you might not expect.)
Jeremy Bierbach, LLM
www.immigrate.nl
hutchinsonm_nl said:
JDATL said:
Thanks for the replies! I am still wondering if I need to provide any documentation or if I even need to declare it on the visa application where it asks if I have ever been convicted of a crime. It is good to know it should not harm my entry!
JDATL - Absolutely DO NOT saying anything about this. If you mention it on your Visa application they will start an investigation and you could be denied. Omit the information compleletly and if it comes up just play forgetful. Like this....."Oh my gosh, you are absolutely right. That was so long ago and I was so young I completely forgot about it". They are more than likely to overlook forgetfullness.
I am speaking from experience. I some issues with a child support case just before I was leaving the U.S and getting my residents permit and didn't say anything about it to them before I left. I took care of the situation after I had all my Dutch documents in order and they never checked.
If I were from the IND, I would say, "Thanks!" I now know your last name and first initial and can surmise that you are a US citizen, which makes it pretty easy to find you in the records.
Forgetfulness, real or imagined, is not forgiven. For up to eight years after the issuance of a residence permit, it can be revoked if it comes to light that you had concealed facts that, had you revealed them at the time of your first application, would have led to denial of that application.
However, that said, "issues with a child support case" don't sound like a criminal record to me, but rather a civil dispute. I.e., someone suing you for money, which is not at all the same as being convicted of a crime.
ouloveit3 said:
avocado said:
JDATL said:
Thanks for the replies! I am still wondering if I need to provide any documentation or if I even need to declare it on the visa application where it asks if I have ever been convicted of a crime. It is good to know it should not harm my entry!It depends-- you didn't say what the specific conviction was. For it to be something they want you to report, it has to be something that translates into Dutch criminal law as a misdrijf , which is the more serious class of crimes (something like a felony-- where the less serious class of crimes are overtredingen -- but watch out! An American misdemeanor does not just automatically translate into an overtreding, nor does an American felony automatically translate into a misdrijf. While murder, rape and assault are misdrijven in Dutch criminal law, which you would expect, so is spraying graffiti, which you might not expect.)
Jeremy Bierbach, LLM
www.immigrate.nl
Umm, geesh dude ... yes he did.
He clearly said ' ... was 18, had a party and got caught. It is for basically a disorderly house.'
This means he acted like a [fool], got drunk, got loud ... whatever at a house party when he was 18 years old. Geesh my little nephew did the exact same thing, got GROUNDED like forever, and the police had him picking up trash off the side of the highway for his community service. DUH. I think a lot of young men do such things.
This is clearly a minor crime by anyone's standard. Again, you exaggerate such issues to scare people into hiring you - which if he mentions this to the IND is likely to be misunderstood and mess up his application!
OP, as I remember it .. they didn't even ask about a criminal history when I applied - though it may be that I have forgotten - as it was so long ago and I don't have a 'criminal' history.
I would not mention such a minor 'crime'.
The answer to whether or not prior contact with the police has to be disclosed, is answered by reading the statement that the applicant has to sign when applying for a residence permit:
I hereby declare that:
1. no prison sentence or other custodial measure has ever been imposed on me for a criminal offence;
2. I have never been sentenced to unpaid community service or an alternative sanction for committing a criminal offence;
3. I have never been required to pay a fine for a criminal offence;
4. I have never accepted an offer of a settlement penalty for committing a criminal offence;
5. I have never had a penalty imposed on me by the Public Prosecution Service for a criminal offence;
6. I am not currently facing prosecution for a criminal offence;
7. I have never been responsible for an act in any of the following categories as referred to in article 1F of the 1951 Convention relating to the
Status of Refugees: a crime against the peace, a war crime, crimes against humanity, a serious non-political crime (e.g. murder or terrorism),
an act contrary to the purposes and principles of the United Nations (e.g. terrorist acts); and
8. I am aware that being convicted of a serious offence may result in the rejection of this application or a termination of rights of residence.
There are IND rules for determining when and if a prior offense acts as a bar to immigration. The worst advice is to fail to disclose something on the application since it's a criminal offense to do so.
Christian Barth, Attorney
JDATL said:
First off, thanks for all the replies. I am still basically waiting for my future employer to tell me what to do. In the US, it is a very minor misdemeanor for disorderly house and I pleaded no lo contendre which is not even a pure guilty verdict. I just went and got the files today. I have received so many different pieces of advice I am not sure which one is the correct one. My future employer does not seem to think this is a big deal but of course, I am worrying like crazy as I have been planning my life around this move. I have heard to get legal help, I have heard from other lawyers that because of the age and nature of the crime, I do not have to submit it even though it asks just as Mr. Barth stated...so, hopefully I will know what to do very soon as I am going a bit crazy worrying about it. I know it is a very minor incident and over 10 years old but, I just dont want to even think about the possibility of some kind of problem getting my visa after all the work to get this job.
My advice .. don't report it.
The IND is not going to perform an investigation on EVERY KM worker. That would be ... incredible. I would NOT involve a lawyer because then it looks like you are making it a bigger deal than it actually is. Now THAT would make them perform an investigation. 
If I were you .. I would move on with my plans and put this out of my mind. 
ouloveit3 said:
JDATL said:
First off, thanks for all the replies. I am still basically waiting for my future employer to tell me what to do. In the US, it is a very minor misdemeanor for disorderly house and I pleaded no lo contendre which is not even a pure guilty verdict. I just went and got the files today. I have received so many different pieces of advice I am not sure which one is the correct one. My future employer does not seem to think this is a big deal but of course, I am worrying like crazy as I have been planning my life around this move. I have heard to get legal help, I have heard from other lawyers that because of the age and nature of the crime, I do not have to submit it even though it asks just as Mr. Barth stated...so, hopefully I will know what to do very soon as I am going a bit crazy worrying about it. I know it is a very minor incident and over 10 years old but, I just dont want to even think about the possibility of some kind of problem getting my visa after all the work to get this job.My advice .. don't report it.
The IND is not going to perform an investigation on EVERY KM worker. That would be ... incredible. I would NOT involve a lawyer because then it looks like you are making it a bigger deal than it actually is. Now THAT would make them perform an investigation.
If I were you .. I would move on with my plans and put this out of my mind.
This is awful advice from an anonymous poster. First, it's a criminal offense to lie or omit something on the application form. Second, the IND applies a sliding scale to judge whether or not a prior offense results in a bar, and we've had much more serious offenses overlooked because they were minor or long ago. Third, the IND conducts checks on all applicants with the relevant authorities. Fourth, there are posters here offering advice regarding forms they haven't even read...and clearly don't understand.
Ignoring the IND form requirements based on these anonymous posters is idiotic. Tell the truth and follow the law. As for this forum, if one of the participating lawyers didn't write a legal response, readers should be advised that much of the advice is probably misleading or incorrect.
Anyone who lies on an immigration form based on this awful advice deserves what they get. The fact that ouloveit3 doesn't even remember signing the same criminal antecedents statement at least twice before, should caution others from following that advice.
Christian Barth, Attorney
www.expatlaw.nl
JDATL said:
First off, thanks for all the replies. I am still basically waiting for my future employer to tell me what to do. In the US, it is a very minor misdemeanor for disorderly house and I pleaded no lo contendre which is not even a pure guilty verdict. I just went and got the files today. I have received so many different pieces of advice I am not sure which one is the correct one. My future employer does not seem to think this is a big deal but of course, I am worrying like crazy as I have been planning my life around this move. I have heard to get legal help, I have heard from other lawyers that because of the age and nature of the crime, I do not have to submit it even though it asks just as Mr. Barth stated...so, hopefully I will know what to do very soon as I am going a bit crazy worrying about it. I know it is a very minor incident and over 10 years old but, I just dont want to even think about the possibility of some kind of problem getting my visa after all the work to get this job.
You should answer the criminal antecedents section honestly and provide legalized copies of the court's disposition of your case. A single offense more than ten years ago (not drugs or violence) is usually not a bar to admission. Usually a lawyer is retained because there are strict legal requirements regarding the necessary documentation. However, failure to provide the info is a crime and you would be punished if caught.
This info is not requested on the MVV, it's requested on the VVR. But in a case like this, we would recommend that the applicant request an MVV from the states so the criminal antecedents issue can be resolved before arrival in NL. We have similar cases in process right now.
Christian Barth, Attorney
www.expatlaw.nl
christianbarth said:
ouloveit3 said:
JDATL said:
First off, thanks for all the replies. I am still basically waiting for my future employer to tell me what to do. In the US, it is a very minor misdemeanor for disorderly house and I pleaded no lo contendre which is not even a pure guilty verdict. I just went and got the files today. I have received so many different pieces of advice I am not sure which one is the correct one. My future employer does not seem to think this is a big deal but of course, I am worrying like crazy as I have been planning my life around this move. I have heard to get legal help, I have heard from other lawyers that because of the age and nature of the crime, I do not have to submit it even though it asks just as Mr. Barth stated...so, hopefully I will know what to do very soon as I am going a bit crazy worrying about it. I know it is a very minor incident and over 10 years old but, I just dont want to even think about the possibility of some kind of problem getting my visa after all the work to get this job.My advice .. don't report it.
The IND is not going to perform an investigation on EVERY KM worker. That would be ... incredible. I would NOT involve a lawyer because then it looks like you are making it a bigger deal than it actually is. Now THAT would make them perform an investigation.
If I were you .. I would move on with my plans and put this out of my mind.
This is awful advice from an anonymous poster. First, it's a criminal offense to lie or omit something on the application form. Second, the IND applies a sliding scale to judge whether or not a prior offense results in a bar, and we've had much more serious offenses overlooked because they were minor or long ago. Third, the IND conducts checks on all applicants with the relevant authorities. Fourth, there are posters here offering advice regarding forms they haven't even read...and clearly don't understand.
Ignoring the IND form requirements based on these anonymous posters is idiotic. Tell the truth and follow the law. As for this forum, if one of the participating lawyers didn't write a legal response, readers should be advised that much of the advice is probably misleading or incorrect.
Anyone who lies on an immigration form based on this awful advice deserves what they get. The fact that ouloveit3 doesn't even remember signing the same criminal antecedents statement at least twice before, should caution others from following that advice.
Christian Barth, Attorney
www.expatlaw.nl
Geesh Christian the reason I don't remember signing this .. is because (as I said) I don't have a 'criminal record'. So I am sure I read that .. and just blinked.. ahh right over it. Hee hee!
If they had asked what are the ages of my children (and I don't have any children) I would have blincked right though that question as well. Duh!
I think when people see something that definitely doesn't apply to them .. then they pretty much ... ignore/forget it.
OP you can do what you want .. but yes Christain is right - you should follow the law.
Umm oh no.. these immigration processes are much more rigid and difficult coming from abroad - going into the US. I have a couple of foreign friends that had to jump through many more hoops in order to get their green card to work and live in The US ... and this was BEFORE 9/11/.
Nooo the processes coming into The NL for work are infinitely ... easier.
I wouldn't worry though. It takes 4 - 5 weeks for this to clear (so you are right on time) and as someone that has been in your position .. all I can say is ... it will all work out in the end. Promise. 
Geesh, I wish I could get back that time ... that I wasted worrying about all this stuff.
