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.

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

right, thanks. so lets say I was succesfull, could my wife apply for a working once we are there?

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

..... it's not a case of them 'helping' with the visa - they have to obtain it for you. It takes effort, time and money.

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

Your wife cannot work on an H4, and you cannot apply for a visa from inside the US. In theory if someone were to sponsor her for an H1B also she could work, but again she would be subject to the same regulations (ie October start etc) as you were. Being in the US grants no advantages per se.

In some ways you would be better off to pursue a transfer via your wifes work, since you could also work on a derivative L2.

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

No. She is not permitted to work, period, on the H4.

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

.All according to what visa the company obtains for you. If you get an H-1B then no, she won't get a visa to work. She would get an H4 which does not allow her to work.
She would need to find an employer who would sponsor her. You say she works for a company which has an office in the US. Maybe she could get a transfer with them?

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

I hear you! my worry now is that im not special enough for all the leg work they would have to put in!!
Is immigration an option?

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

Even more expensive and time consuming so not likely. This is why the company should retain an immigration attorney before even thinking about offering a job to someone overseas.

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

That's our hope, but our main concern (was) my past, now I guess my wife will have to make enquires..

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

Presuming that the wife is in a managerial/executive position.

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

Also, your degree must be in a field relevant to the position that is being offered.

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

Well, I guess il have to wait on my phone call next week and take it from there, I do know this company has employed lots of uk lads to Canada so I guess they must have an attorney

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

Canada can be somewhat easier to gain a working visa for then the US.

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

no degree here unfortunately, just experience (sad face) I guess im screwed?

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

.. no, shes employed in pallative care work

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

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

Thankyou

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

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

I think the OP's situation might be somewhat more complicated than your husband. The OP was convicted of assault, sentenced to 14 months, and served 6 months in jail. Different to a minor offence and doing community service.

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

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

You realise that Canada is not the US and has its own immigration laws, right? Obtaining a visa to work in Canada is very different to obtaining a visa to work in the US.

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

FWIW...I lived in New Jersey for almost 20 years. We moved to Toronto because our daughter and granddaughter is here. I much prefer Toronto.

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

Seems unlikely the criminal issue will be relevant.

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

Getting to the actual point of whether this is actually possible - on the assumption that the prospective employer knows what they are in for in terms of applying for the visa - I think the biggest issue you face, CoolHandFluke, is your incorrectly obtained ESTA.

The problem you will have is that you'll need to demonstrate that you did not misrepresent yourself when you applied for an ESTA. I had roughly the same issue but I did not have CMIT on the record so it was easier to deal with. Now there is a problem with your explanation - because by my calculation, your record may not have been spent in 2011. Do the dates of the sentence mean it concluded in 2007 rather than 2008? This includes any time you were on probation or license or anything like that. It's a fairly important point because your only explanation is ignorance of the law, which even then has a high probability of not being accepted anyway. If it's not founded in truth, I think you've a hard barrier and I'd be surprised if you can find a way to explain that you did not misrepresent yourself. Ultimately, you did, and misrep is one of the hardest things to overcome in US immigration.

If you somehow do overcome that, as someone else has mentioned, you can apply for a waiver of ineligibility. I'd say you have a decent chance of getting that given it was over 10 years ago, although that is a mighty heavy sentence for what I presume is your first offence, so that may indicate the crime was very severe, and on the day you could get a Consulate Officer that just doesn't want to buy it. If you manage to get through that, you're in for a 4-6 month wait before receiving your visa.

There's no doubt that you have one of the tougher criminal ineligibilities that I have seen asked about on here. Coupled with that, you pretty much have no choice but to tell your prospective employer about this, given the timeline involved and the requirement for legal advice over the misrep issue.

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

Thank you for your advice, its just what i needed,
my conviction is strong one due to the so called innocent other side being left with 2 broken arms... because he fell on to them.. it doesnt show that he follwed me into a toilet in a bar to start a fight because i accidentally bumped shoulders with him.

life goes on!

however im a better person for the experience and that is the truth and nothing but the truth....

i left prison more motivated than ever, started my business and have employed anything from 2 to 50 people ever since...

my conviction was spent in 2011, my trip to the is was 2013 so my ignorance on the law was correct in a way, however i do understand the seriousness of it now, its such a shame i cant go for an interview of some kind before wasting my potential employers time, as i would like to think if someone met me they would know im no threat to society... i just was some one that could self defend.

if we went straight for the immigration green card do you think this would help me?

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

yes i get that, my point was that the company did the visa work for their uk to canada employees so they will for me to us, hope that makes sense