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Re: advice needed on moving to US with criminal record..
Originally Posted by shiversaint
(Post 12598398)
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. https://cimg5.ibsrv.net/gimg/british...d99c437409.png |
Re: advice needed on moving to US with criminal record..
Originally Posted by rpjs
(Post 12598354)
Not necessarily, but uou need three years’ of relevant work experience for each year of US 4-year degree missed. The job also needs to be one that would typically require a degree to qualify for. |
Re: advice needed on moving to US with criminal record..
Originally Posted by Boiler
(Post 12598393)
Seems unlikely the criminal issue will be relevant.
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Re: advice needed on moving to US with criminal record..
Originally Posted by Jerseygirl
(Post 12598369)
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.
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Re: advice needed on moving to US with criminal record..
Originally Posted by CoolHandFluke
(Post 12598451)
if we went straight for the immigration green card do you think this would help me?
I doubt it would change anything with how your conviction comes into play, anyway. Rene |
Re: advice needed on moving to US with criminal record..
Originally Posted by Noorah101
(Post 12598471)
When you say "we", you mean "my future employer", right? It would be up to the employer to decide what kind of visa to petition you for. This is something to discuss with the employer. I would guess most employers would not choose the immigrant visa because you become a US PR upon entry to the USA and can work for whomever you choose. You wouldn't be tied to that employer the way an H visa would.
I doubt it would change anything with how your conviction comes into play, anyway. Rene My friend who works at the company but I Canada has spoken to his bosses and they are certain they will offer me a job, and help with visas, again im just waiting on a call from them to get the ball rolling, but having read everyones comments and learned that the employer has to basically do everything for me, my worry now is obviously the criminal record etc, and why would they do all the work if there is a big chance I will be unsuccsesfull!!! Im thinking now I could offer payment to them so they wouldn't lose out in anyway financially for there efforts? what u think? |
Re: advice needed on moving to US with criminal record..
Originally Posted by CoolHandFluke
(Post 12598488)
when I said "we" I meant my family, please excuse my inexperience!! I was wondering if there is a visa option to become an immigrant without the would be employer pulling the strings, just myself and my family filling in all forms etc?
My friend who works at the company but I Canada has spoken to his bosses and they are certain they will offer me a job, and help with visas, again im just waiting on a call from them to get the ball rolling, but having read everyones comments and learned that the employer has to basically do everything for me, my worry now is obviously the criminal record etc, and why would they do all the work if there is a big chance I will be unsuccsesfull!!! Im thinking now I could offer payment to them so they wouldn't lose out in anyway financially for there efforts? what u think? Rene |
Re: advice needed on moving to US with criminal record..
I think you should move forward with an H-1B if that's what the employer proposes, and deal with how your criminal past plays out when the time comes. I mean, what the heck, why not? If you don't try at all, you'll never know if it would have worked out or not.
Rene |
Re: advice needed on moving to US with criminal record..
Originally Posted by Noorah101
(Post 12598490)
Yes, there is. It costs about $500,000. Do you have that much to spare? You'd basically be investing that money with no expectation of getting it back, but it does get you a green card.
You are not allowed to pay for anything. The employer must pay. Rene |
Re: advice needed on moving to US with criminal record..
Originally Posted by Noorah101
(Post 12598491)
I think you should move forward with an H-1B if that's what the employer proposes, and deal with how your criminal past plays out when the time comes. I mean, what the heck, why not? If you don't try at all, you'll never know if it would have worked out or not.
Rene thanks for your help, this is a great place, truly glad I found it |
Re: advice needed on moving to US with criminal record..
Why would you shoot yourself in the foot before even seeing what the employer will propose?? Let the employer take the lead. Let them offer you a visa path. Follow the visa path until such time that you must declare convictions. At that point, you'll see whether it's possible or not.
Rene |
Re: advice needed on moving to US with criminal record..
Originally Posted by Noorah101
(Post 12598496)
Why would you shoot yourself in the foot before even seeing what the employer will propose?? Let the employer take the lead. Let them offer you a visa path. Follow the visa path until such time that you must declare convictions. At that point, you'll see whether it's possible or not.
Rene |
Re: advice needed on moving to US with criminal record..
Yes it will, and I disagree with the above. Find out what visa they are proposing, and then declare the conviction before it goes any further - personally I would declare it to their immigration attorney rather than to your employer, but that’s me. |
Re: advice needed on moving to US with criminal record..
Originally Posted by civilservant
(Post 12598507)
Yes it will, and I disagree with the above. Find out what visa they are proposing, and then declare the conviction before it goes any further - personally I would declare it to their immigration attorney rather than to your employer, but that’s me. So annoyed with myself right now, just gotta hope and pray it works out now I guess! |
Re: advice needed on moving to US with criminal record..
Originally Posted by CoolHandFluke
(Post 12598502)
surely it will come up though?
I agree with civilservant's post. The employer may not even offer you a visa, so the discussion ends there. If the company does offer you a visa, their immigration attorney will be in touch with you to fill out forms, and that's when you mention the conviction... to the attorney. Then he can advise the best route. Rene |
Re: advice needed on moving to US with criminal record..
Originally Posted by CoolHandFluke
(Post 12598453)
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
For the US the job has to require a degree (you need that or equivalent experience), a lawyer is pretty much essential, it costs the employer approx $5000, and if going for a H1-B the employer will be waiting a minimum of 5 months for you to be able to start work, longer if they have to reapply the following year. |
Re: advice needed on moving to US with criminal record..
Originally Posted by Noorah101
(Post 12598518)
Of course it will, and that's the point where you talk about it. Not prior to even seeing what the employer has in mind.
I agree with civilservant's post. The employer may not even offer you a visa, so the discussion ends there. If the company does offer you a visa, their immigration attorney will be in touch with you to fill out forms, and that's when you mention the conviction... to the attorney. Then he can advise the best route. Rene |
Re: advice needed on moving to US with criminal record..
I've read through the 3 pages of dialogue regarding a potential job offer being made to you and while the prospects of living and working in the US has your head in the clouds, you need to stop for a bit and do a bit more research. You have no inkling of terminology regarding US immigration and this can be a hinderance. You're talking with a friend/relative who was sponsored for a work visa to Canada. Hey, different countries and vastly difference immigration laws. Here the H-1B will cost your employer thousands of dollars to apply for your visa and as others have said there is absolutely no guarantee that you will be issued one. First comes the application which must be submitted in April, then if chosen in the lottery (because this visa is oversubscribed), you still need to clear the hurdles of the US Embassy in London and with a CIMT to your credit, the hurdle jump has been raised to a height you might not be able to clear. If you are lucky, the Embassy might recommend you apply for a waiver of ineligibility but that is not a certainty so please do count on it. There is a thread here which is over 20 pages long of people waiting for their waivers to be adjudicated. Some are experiencing 6 months or longer for adjudication. Will your prospective employer think your qualifications and skill are enough to warrant the outlay of thousands of dollars and the exceptionally long wait to have you join their organization? While work experience can overcome a lack of a degree, a degree in the US and for immigration purposes still holds a higher rank when it comes to employment. Fair? Not really, but it is what it is. Another point is that we don't even know what the job is and if it qualifies for an H-1B visa.
Frankly, IMHO, I don't hold out any hope that you will be successful in your quest to come to the US with a visa sponsored by either of these companies. A far easier approach would be to work for one of these companies in the UK if they have a UK branch and then in a few years they can transfer you to the US via an L visa. The hurdle is still there for overcoming your CIMT and the need for a waiver of ineligibility but at least you are already working for the company, there is no H-1B lottery to deal with and more time will have passed since your conviction and jail time. BTW in the US ignorance of the law is not an excuse. The same goes for your misrepresentation of your crime on the ESTA which allowed you to enter the US under the VWP. BTW ESTA is not a visa nor is the VWP. Brits do not require a visa to visit the US under normal circumstances. The fact that you knew you had a criminal history and didn't do your due diligence, is not in your favor. The use of the VWP can be overcome. It is the CIMT that is the hardest hurdle to get over. You don't like the cold of the UK, then more to a warm place in Europe. Those doors are open to you while the US door is closed to you at the moment, even for a visit. |
Re: advice needed on moving to US with criminal record..
Originally Posted by Rete
(Post 12598609)
I've read through the 3 pages of dialogue regarding a potential job offer being made to you and while the prospects of living and working in the US has your head in the clouds, you need to stop for a bit and do a bit more research. You have no inkling of terminology regarding US immigration and this can be a hinderance. You're talking with a friend/relative who was sponsored for a work visa to Canada. Hey, different countries and vastly difference immigration laws. Here the H-1B will cost your employer thousands of dollars to apply for your visa and as others have said there is absolutely no guarantee that you will be issued one. First comes the application which must be submitted in April, then if chosen in the lottery (because this visa is oversubscribed), you still need to clear the hurdles of the US Embassy in London and with a CIMT to your credit, the hurdle jump has been raised to a height you might not be able to clear. If you are lucky, the Embassy might recommend you apply for a waiver of ineligibility but that is not a certainty so please do count on it. There is a thread here which is over 20 pages long of people waiting for their waivers to be adjudicated. Some are experiencing 6 months or longer for adjudication. Will your prospective employer think your qualifications and skill are enough to warrant the outlay of thousands of dollars and the exceptionally long wait to have you join their organization? While work experience can overcome a lack of a degree, a degree in the US and for immigration purposes still holds a higher rank when it comes to employment. Fair? Not really, but it is what it is. Another point is that we don't even know what the job is and if it qualifies for an H-1B visa.
Frankly, IMHO, I don't hold out any hope that you will be successful in your quest to come to the US with a visa sponsored by either of these companies. A far easier approach would be to work for one of these companies in the UK if they have a UK branch and then in a few years they can transfer you to the US via an L visa. The hurdle is still there for overcoming your CIMT and the need for a waiver of ineligibility but at least you are already working for the company, there is no H-1B lottery to deal with and more time will have passed since your conviction and jail time. BTW in the US ignorance of the law is not an excuse. The same goes for your misrepresentation of your crime on the ESTA which allowed you to enter the US under the VWP. BTW ESTA is not a visa nor is the VWP. Brits do not require a visa to visit the US under normal circumstances. The fact that you knew you had a criminal history and didn't do your due diligence, is not in your favor. The use of the VWP can be overcome. It is the CIMT that is the hardest hurdle to get over. You don't like the cold of the UK, then more to a warm place in Europe. Those doors are open to you while the US door is closed to you at the moment, even for a visit. i appreciate the honest comments although they make me sad (sad face) |
Re: advice needed on moving to US with criminal record..
Just a thought, do your employers know about your criminal record? If not, is it part of your contract that such should have been disclosed?
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Re: advice needed on moving to US with criminal record..
Originally Posted by CoolHandFluke
(Post 12598296)
.. no, shes employed in pallative care work
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Re: advice needed on moving to US with criminal record..
Originally Posted by Jerseygirl
(Post 12598618)
Just a thought, do your employers know about your criminal record? If not, is it part of your contract that such should have been disclosed?
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Re: advice needed on moving to US with criminal record..
Originally Posted by Jerseygirl
(Post 12598618)
Just a thought, do your employers know about your criminal record? If not, is it part of your contract that such should have been disclosed?
As of now, my would be employers dont know nothing, my friend is meeting with a manager tonight and is going to ask him his opinion, tbh after tbe comments above my confidence of getting in is low, obviously i will pursue it but i always knew it would be a gamble, |
Re: advice needed on moving to US with criminal record..
Originally Posted by Rete
(Post 12598621)
You mean his current employers? Is it mandatory in the UK that your criminal past be disclosed upon hiring?
I don’t think so but some stipulate such disclosures. If that’s the case the OP may not want his employers to find out as it could result in dismissal. I remember reading about such a case which resulted in a dismissal. |
Re: advice needed on moving to US with criminal record..
Originally Posted by Rete
(Post 12598621)
You mean his current employers? Is it mandatory in the UK that your criminal past be disclosed upon hiring?
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Re: advice needed on moving to US with criminal record..
Originally Posted by CoolHandFluke
(Post 12598624)
not in the uk, we have the rehabilitation act so you dont have to disclose it, however i run my own construction company
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Re: advice needed on moving to US with criminal record..
Originally Posted by Jerseygirl
(Post 12598627)
My mistake, I forgot you are not an employee. :o
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Re: advice needed on moving to US with criminal record..
Were you able to meet other Employees who had been sponsored and discuss with them their path?
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Re: advice needed on moving to US with criminal record..
Are your 2 potential US employers large corporations, or are they more mom and pop type of places? You don't have to name them. But that will also probably make a difference in whether they can afford to (or want to) go through the expense of hiring you.
By the way, if they come back to you saying "if you can find your own way to the USA we'll hire you" or "Get a B visa and come on over", then that means "no". Rene |
Re: advice needed on moving to US with criminal record..
Originally Posted by Rete
(Post 12598609)
I've read through the 3 pages of dialogue regarding a potential job offer being made to you and while the prospects of living and working in the US has your head in the clouds, you need to stop for a bit and do a bit more research. You have no inkling of terminology regarding US immigration and this can be a hinderance. You're talking with a friend/relative who was sponsored for a work visa to Canada. Hey, different countries and vastly difference immigration laws. Here the H-1B will cost your employer thousands of dollars to apply for your visa and as others have said there is absolutely no guarantee that you will be issued one. First comes the application which must be submitted in April, then if chosen in the lottery (because this visa is oversubscribed), you still need to clear the hurdles of the US Embassy in London and with a CIMT to your credit, the hurdle jump has been raised to a height you might not be able to clear. If you are lucky, the Embassy might recommend you apply for a waiver of ineligibility but that is not a certainty so please do count on it. There is a thread here which is over 20 pages long of people waiting for their waivers to be adjudicated. Some are experiencing 6 months or longer for adjudication. Will your prospective employer think your qualifications and skill are enough to warrant the outlay of thousands of dollars and the exceptionally long wait to have you join their organization? While work experience can overcome a lack of a degree, a degree in the US and for immigration purposes still holds a higher rank when it comes to employment. Fair? Not really, but it is what it is. Another point is that we don't even know what the job is and if it qualifies for an H-1B visa.
Frankly, IMHO, I don't hold out any hope that you will be successful in your quest to come to the US with a visa sponsored by either of these companies. A far easier approach would be to work for one of these companies in the UK if they have a UK branch and then in a few years they can transfer you to the US via an L visa. The hurdle is still there for overcoming your CIMT and the need for a waiver of ineligibility but at least you are already working for the company, there is no H-1B lottery to deal with and more time will have passed since your conviction and jail time. BTW in the US ignorance of the law is not an excuse. The same goes for your misrepresentation of your crime on the ESTA which allowed you to enter the US under the VWP. BTW ESTA is not a visa nor is the VWP. Brits do not require a visa to visit the US under normal circumstances. The fact that you knew you had a criminal history and didn't do your due diligence, is not in your favor. The use of the VWP can be overcome. It is the CIMT that is the hardest hurdle to get over. You don't like the cold of the UK, then more to a warm place in Europe. Those doors are open to you while the US door is closed to you at the moment, even for a visit. As for the job role, it is project management for a large construction company, but they do not operate in the uk so the advice to work for them here doesn't apply, such a shame that a country built on immigration is now such a hard place to get into even without a criminal past, but I see why, to me its the best place on earth and im obviously not the only one... if I could only have my time again and not have had that stupid fight ggggrrrrrrr |
Re: advice needed on moving to US with criminal record..
Originally Posted by Boiler
(Post 12598643)
Were you able to meet other Employees who had been sponsored and discuss with them their path?
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Re: advice needed on moving to US with criminal record..
Originally Posted by CoolHandFluke
(Post 12598649)
as for the dollar amount for them in visa fees etc, I would be more than willing to reimburse them should I not be successful, but I guess that's up to them
Rene |
Re: advice needed on moving to US with criminal record..
Originally Posted by Noorah101
(Post 12598645)
Are your 2 potential US employers large corporations, or are they more mom and pop type of places? You don't have to name them. But that will also probably make a difference in whether they can afford to (or want to) go through the expense of hiring you.
By the way, if they come back to you saying "if you can find your own way to the USA we'll hire you" or "Get a B visa and come on over", then that means "no". Rene |
Re: advice needed on moving to US with criminal record..
Originally Posted by Noorah101
(Post 12598652)
As I have stated before, you cannot pay your own immigration expense, nor can you reimburse the company. The employer/ company pays everything, it's the law, they don't have a choice.
Rene |
Re: advice needed on moving to US with criminal record..
Originally Posted by CoolHandFluke
(Post 12598649)
Nete, I have just looked into the H1-b visa, and now I get I need a degree to get approved, good news on my part is that im working on getting my nvq 6 in construction management at the start of 2019, apparently this is the same as a masters degree, so il be more than covered, however im by no means confident of getting approved to work and live in the us, but I certainly wont be giving up until its in writing from the embassy, apart from my criminal past, obviously my main concern now will be my employer waiting on me in the process... a huge obstacle, however il be looking into this and have already spoken to a friend who is going to ask his manager, obviously in Canada, but he rang me last week to tell me that his boss had spoken to his counter part in California, and he was willing to help me so I guess for now all I have is his word. something that I will be chasing up next week, as for the dollar amount for them in visa fees etc, I would be more than willing to reimburse them should I not be successful, but I guess that's up to them,
As for the job role, it is project management for a large construction company, but they do not operate in the uk so the advice to work for them here doesn't apply, such a shame that a country built on immigration is now such a hard place to get into even without a criminal past, but I see why, to me its the best place on earth and im obviously not the only one... if I could only have my time again and not have had that stupid fight ggggrrrrrrr |
Re: advice needed on moving to US with criminal record..
Originally Posted by CoolHandFluke
(Post 12598655)
yeah I didn't forget, I wasn't sure if it was illegal for me to offer though
Rene |
Re: advice needed on moving to US with criminal record..
Originally Posted by Nutmegger
(Post 12598657)
You will need to get your qualifications "translated" to show their equivalent US qualification. I believe there is a company called WES that is usually recommended. And don't forget that getting a visa is only the first step. Next, the company has to be willing to sponsor you for a green card if you are to stay permanently in the US.
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Re: advice needed on moving to US with criminal record..
Originally Posted by christmasoompa
(Post 12598534)
As above, there is huge difference in a Canadian work visa and a US one though. For a Canadian work visa, any job qualifies (no education requirement), the visa costs $150, there is no need for an immigration lawyer, and the work permit can be applied for at the airport when you arrive. Even if a LMIA is required, that doesn't add that much in price or waiting time in comparison to a US visa.
For the US the job has to require a degree (you need that or equivalent experience), a lawyer is pretty much essential, it costs the employer approx $5000, and if going for a H1-B the employer will be waiting a minimum of 5 months for you to be able to start work, longer if they have to reapply the following year. |
Re: advice needed on moving to US with criminal record..
Originally Posted by CoolHandFluke
(Post 12598649)
As for the job role, it is project management for a large construction company, but they do not operate in the uk so the advice to work for them here doesn't apply, such a shame that a country built on immigration is now such a hard place to get into even without a criminal past, but I see why, to me its the best place on earth and im obviously not the only one... if I could only have my time again and not have had that stupid fight ggggrrrrrrr In the 16 and 17 hundreds it was easier to emigrate to the US but by the 1800's there were rules, laws, regulations and having a criminal history was a no-no even then. The US was not Australia where the UK shipped their criminals. Our borders are not open (except on the southern part of America) to anyone that wants to just walk across. Isn't immigration one of the reasons why the UK is leaving the EU? The US is not the best place in the world to live or work. There are no safety nets for the employed or sick in the US as there is in the UK. Ask any of the Brits here and they will probably tell you, yes, the US is a nice place and they have been able to earn more here than in the UK (or in some instances about the same) but they were able to buy larger houses with more property. Many find US education inferior to the UK. You are wearing rose colored glasses. |
Re: advice needed on moving to US with criminal record..
Originally Posted by CoolHandFluke
(Post 12598668)
In the uk our policies are more relaxed, and people can come as long as they are willing to work as it makes our economy stronger, I get your argument of us jobs for us people, and I agree to it, but obviously there is demand for outsiders otherwise why would they offer jobs out?
Rene |
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