advice needed on moving to US with criminal record..
Nov 23rd 2018, 9:22 pm
#31
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Re: advice needed on moving to US with criminal record..
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.
Nov 23rd 2018, 9:43 pm
#32
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Re: advice needed on moving to US with criminal record..
Pretty easy (in comparison) to obtain a work permit for Canada though, whole different ball game for the US!
Nov 23rd 2018, 9:52 pm
#33
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Re: advice needed on moving to US with criminal record..
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.
Nov 23rd 2018, 11:26 pm
#34
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Re: advice needed on moving to US with criminal record..
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.
Nov 24th 2018, 12:35 am
#35
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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.
Nov 24th 2018, 12:39 am
#36
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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.
Nov 24th 2018, 2:49 am
#37
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Re: advice needed on moving to US with criminal record..
Seems unlikely the criminal issue will be relevant.
Nov 24th 2018, 3:37 am
#38
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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.
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.
Nov 24th 2018, 7:40 am
#39
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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?
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?
Nov 24th 2018, 7:45 am
#40
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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.
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.
Nov 24th 2018, 7:49 am
#41
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Thread Starter
Joined: Nov 2018
Posts: 255
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.
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.
Nov 24th 2018, 7:55 am
#42
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Re: advice needed on moving to US with criminal record..
yes i have 23 years experience in construction and ten years in construction management, i have nvq level 3 qualifications and will have a level 4 (hnc) by june 2019 so im qualified to a level just not degree level... however im thinking of getting my level 6 in 2019
Nov 24th 2018, 7:59 am
#44
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Re: advice needed on moving to US with criminal record..
Nov 24th 2018, 8:12 am
#45
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Re: advice needed on moving to US with criminal record..
I doubt it would change anything with how your conviction comes into play, anyway.
Rene