advice needed on moving to US with criminal record..
 

Hi, a very common question I know, however mine has a twist and a lie to boot....

Firstly, can I introduce myself, 40 year old construction business owner, 1 beautiful wife, 2 equally stunning children residing in the northwest of England.

I have been obsessed with the thought of living in the usa since I was 11 since I spent the summer at my uncle house.

So, down to the nitty gritty, 11 years ago I was involved in a bar fight and I was sentenced to 14 months in prison for section 20 assault, something im not proud of but it was done in self defence.

Fast forward 7 years I went to vegas on a stag party, then I applied for my first visa and came across the moral turpitude question to which I ticked no, as I knew that my conviction was spent under the rehabillitaion act.

I was granted my esta visa no problem and since then I have been back to the stated 7 times, (California, new York and vegas)

So this year after our visit to California my daughter finally agreed to a trial year in in California, my son aged 6 is excited to go and so is my wife.

I looked into jobs, and I luckily have been offered 2 roles in project management, the company my wife works for here in the uk also have an office in the us, so shes confident of a job offer also.

We haven't looked into schooling just yet but we will in due course.

Whilst looking into the visa side of things I have learnt that the rehabilliation act in the UK doesn't apply in the USA and that I should have declared it on my esta forms!!! Now im panicking!!

Will the embassy even give me a chance of working and moving to the us now I have committed fraud on the esta form even though it was done in ignorance??

I have briefly spoken to a few solicitors about the matter via email but of course they all want a consultaion fee... £200 to £500! which after Christmas I will pay to see if I have a chance but I seeking advice from here also.

Im getting mixed advice from friends but I just want some honest advice, if I have no chance I want know so we can all get used to the idea of staying in the uk (sad face)

Iv listed a few good points of our situation and bad points below;

Good points
40 years young (life experience)
Job Offer
Family in the usa (aunt and 4 cousins)
In uk I have 2 properties, one I own the other is mortgaged and rented out, plan would be to trial a year in the usa then sell up and move over with enough cash to buy a house, so we would not ever be sponging from the government in anyway.

Bad points
Conviction for assault (sentenced to 14 months in prison, served 6 months)
Lied on esta form although it was through ignorance

Any help good bad or ugly will be appreciated.

Thanks

Luke

Re: advice needed on moving to US with criminal record..
 

Re: advice needed on moving to US with criminal record..
 

What visa is the prospective employer obtaining for you?

The company's lawyers should be advising you as how your prison record will impact your application. They are going to be the one's who will have to present your case in your application papers.

Re: advice needed on moving to US with criminal record..
 

Before we start - what visa is the company petitioning you for?

If H1B, you are aware that it would be next October before you could start, and even then you only have a 35%-ish chance of being successful in the lottery, right?

Re: advice needed on moving to US with criminal record..
 

Re: advice needed on moving to US with criminal record..
 

Re: advice needed on moving to US with criminal record..
 

Lottery? sorry im still kinda new to this, but my understanding is that the lottery doesn't apply in the uk?

Re: advice needed on moving to US with criminal record..
 

Re: advice needed on moving to US with criminal record..
 

I suggest you stop googling and confusing yourself and instead wait for instructions from the company and hopefully their attorney.

Re: advice needed on moving to US with criminal record..
 

Thanks for the advice!

So lets say that next week that my would be employer is legit, and willing to put in the leg work for me, would I have much chance with my "bad points"

Re: advice needed on moving to US with criminal record..
 

I hear you, its just so damn tempting to google lol!!

Re: advice needed on moving to US with criminal record..
 

What he is explaining to you is that the H1B visa category, which it sounds as if would be the one available to you, is always over subscribed, so that all entries go into a lottery drawing. The drawing takes place in the spring, and successful applicants can start work the following October. By the way, spouses obtain a derivative visa, the H4, but it does not permit them to work.

Re: advice needed on moving to US with criminal record..
 

The "lottery" refers to the process under which applicants for H-1b visas go through. The number of applicants for these visa are usually far more than the number approved. So it's a 'lottery' as to whether an applicant will be approved.

Re: advice needed on moving to US with criminal record..
 

…. I do know that my friend who works for the company in Canada, who basically put in a good word for me, said that they will help with the visa etc as they did for him, so I guess I should be ok ( I hope)

Re: advice needed on moving to US with criminal record..
 

Your criminal record and jail time will be taken into consideration - it will probably lessen your chances but won't completely negate them.