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advice needed on moving to US with criminal record..

advice needed on moving to US with criminal record..

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Old Nov 23rd 2018, 9:02 pm
  #16  
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Default Re: advice needed on moving to US with criminal record..

Originally Posted by Nutmegger
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.
right, thanks. so lets say I was succesfull, could my wife apply for a working once we are there?
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Old Nov 23rd 2018, 9:02 pm
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Default Re: advice needed on moving to US with criminal record..

Originally Posted by CoolHandFluke
…. 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)
..... it's not a case of them 'helping' with the visa - they have to obtain it for you. It takes effort, time and money.
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Old Nov 23rd 2018, 9:04 pm
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Default Re: advice needed on moving to US with criminal record..

Originally Posted by CoolHandFluke
right, thanks. so lets say I was succesfull, could my wife apply for a working once we are there?
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.
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Old Nov 23rd 2018, 9:05 pm
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Default Re: advice needed on moving to US with criminal record..

Originally Posted by CoolHandFluke
right, thanks. so lets say I was succesfull, could my wife apply for a working once we are there?
No. She is not permitted to work, period, on the H4.
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Old Nov 23rd 2018, 9:06 pm
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Default Re: advice needed on moving to US with criminal record..

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

.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?
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Old Nov 23rd 2018, 9:06 pm
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Default Re: advice needed on moving to US with criminal record..

Originally Posted by SanDiegogirl
..... it's not a case of them 'helping' with the visa - they have to obtain it for you. It takes effort, time and money.
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?
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Old Nov 23rd 2018, 9:07 pm
  #22  
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Default Re: advice needed on moving to US with criminal record..

Originally Posted by CoolHandFluke
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?
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.
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Old Nov 23rd 2018, 9:08 pm
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Default Re: advice needed on moving to US with criminal record..

Originally Posted by SanDiegogirl
.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?
That's our hope, but our main concern (was) my past, now I guess my wife will have to make enquires..
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Old Nov 23rd 2018, 9:08 pm
  #24  
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Default Re: advice needed on moving to US with criminal record..

Originally Posted by SanDiegogirl
.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?
Presuming that the wife is in a managerial/executive position.
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Old Nov 23rd 2018, 9:11 pm
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Default Re: advice needed on moving to US with criminal record..

Originally Posted by CoolHandFluke
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?
Also, your degree must be in a field relevant to the position that is being offered.
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Old Nov 23rd 2018, 9:11 pm
  #26  
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Default Re: advice needed on moving to US with criminal record..

Originally Posted by civilservant
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.
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
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Old Nov 23rd 2018, 9:12 pm
  #27  
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Default Re: advice needed on moving to US with criminal record..

Originally Posted by CoolHandFluke
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
Canada can be somewhat easier to gain a working visa for then the US.
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Old Nov 23rd 2018, 9:14 pm
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Default Re: advice needed on moving to US with criminal record..

Originally Posted by Nutmegger
Also, your degree must be in a field relevant to the position that is being offered.
no degree here unfortunately, just experience (sad face) I guess im screwed?
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Old Nov 23rd 2018, 9:15 pm
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Default Re: advice needed on moving to US with criminal record..

Originally Posted by Nutmegger
Presuming that the wife is in a managerial/executive position.
.. no, shes employed in pallative care work
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Old Nov 23rd 2018, 9:15 pm
  #30  
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Default Re: advice needed on moving to US with criminal record..

Originally Posted by CoolHandFluke
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
You can apply for a waiver of ineligibility when your visa is denied by the embassy regarding the conviction, when my husband was 18 he acted a fool and was convicted of a minor offence he was given community service and a fine. In order to get our Green Cards he had to jump through hoops. However not declaring a criminal conviction on an esta which is an immigration form can land you a lifetime ban from entering the USA.
Before your employer starts any visa application you must declare your conviction and have a very good immigration attorney. Good luck.
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