BH71H

I am a UK citizen. I run a technology consultancy business with a subsidiary in the US. The US subsidiary is run remotely, using an in-country manager who works for me on a work-for-hire basis. Many of my clients are US-based and I am increasingly receiving requests to visit clients in the US. There is also a natural desire to oversee the US operations and check what is going on, etc.

The problem is, I have a criminal record. The offence was tax fraud, for which I received an 18-month prison sentence. That was my punishment and I make no excuses. The offences were committed in the UK against the UK Revenue only.

I complied fully and I completed all sentence requirements seven years ago. The actual offences were committed ten years ago.

I started various education courses while in prison, which eventually led to two university degrees, in physics and mathematics, and in computer science - both first class honours. I then also obtained a professional qualification in my technical field.

The UK end of my business employs eleven people. The US end of my business employs six people.

I have complied with all UK and US tax requirements. I have never committed offences against the US government/IRS or against US interests and I have committed no further offences in the UK.

Tax fraud is undoubtedly a CIMT, and so looking at my options, I am ineligible for the Visa Waiver Program if I just want to visit. I would therefore need a business visitor visa (B1, I think) - and, for a longer stay, an intra-company transfer visa (L1, I think). Oddly enough, I have never travelled abroad, let alone to the US, so there is no background here of immigration fraud, and I have no intention of entering or staying in the US unlawfully or illegally.

As I see it, I have two main problems:-

1. Criminal record - can I apply for an L-visa using a non-immigrant waiver? If so, what are my chances overall, given my record? Is it the right visa? Would I be better starting with a non-immigrant waiver for a B2 visitor visa, then progress to an L-visa later?

2. "Immigrant intent" - given I have a business in the US, is there a risk the Consular Officer or a CBP officer will deem me to have immigrant intent and thus needing an immigrant waiver, so back to square one? As a matter of fact, I can demonstrate substantial ties to the UK. I am a native British citizen and I have never travelled abroad. All of my property interests are here, and my business is rooted here in the UK. I am very happy in Britain and there is no desire on my part to settle in the US permanently.

I'd appreciate some advice on my chances and any pointers as to where I go from here, and whether there are lawyers that people on here can recommend who can look at this.

Thanks in advance to anyone who can help,
Bill.

crg

Yes.

Not bad. How many years since the sentence was completed including all probation/parole/restrictions?

Perhaps. It depends on the nature and structure of the business.

B2 is for pleasure. You're thinking B1. It depends on what activities you would be doing.

L1 don't have to worry about immigrant intent because immigrant intent is allowed under L1. It is not allowed under B1/B2. If the officer suspects immigrant intent and denies entry, the person would, may need an immigrant visa.

ian-mstm

Yes, but why would you if you aren't actually wanting to live in the US? An L-1A/B visa is for an intra-company transfer... you aren't transferring.


You mean a B-1 visa (as you suggested earlier), not a B-2.

Before you can apply for the waiver, the B-1 visa must first be denied. There's no way to know, in advance, whether or not the waiver will be successful... so the only way to find out is to first apply for the visa, have it denied, and then apply for the waiver. Good luck to you.

Ian

BH71H

Thanks Ian and crg. Your replies are very important to me. This may seem silly, but you wouldn't believe how long it took to psych myself up before I posted all that! Two months lurking and reading other posts and worrying. Thank you for your kindness in replying so constructively. Also, apologies for mixing up the visa nominals - it's an alphabet soup and can be confusing for the uninitiated.

Ian is right. I'm going to have to engage an immigration attorney and make the application. It's the only way to know. I suppose what I am looking for first is to bounce this off people here as this forum is highly-respected. It's a case of obtaining as much information as possible from as many sources as possible, and thanks for your helpful advice.

To answer crg's question, it's seven years since I completed all sentencing requirements - including licence, compensation and confiscation. The actual offences were committed ten years ago.

Taking the 'reasonable man' view (not reliable, I know, but the best I can go on, short of paying an attorney), I suspect crg is right and my chances here aren't bad. However, on reflection, I also suspect that seven years might not be enough for the US Consular Officer. It might be better to wait until ten years has elapsed - a nice round number (not very scientific, I know!) - before attempting to obtain a visa. That would be in approximately three years from now.

An alternative strategy that occurs to me here is that I might try Canada. I've read somewhere that under the ruling in what is known as the Burgon case (a 1991 federal appeal case in Canada), the Canadian authorities will normally discount a UK criminal record that has been spent. Obviously I realise this is not the Canada forum, but the relevancy of the point is that I could wait three years, at which point my conviction would be spent, and then just apply to enter Canada as it would be easier (assuming there are no changes in Canadian immigration law between now and then). This would then at least allow me to meet up with people on the Canadian side (my premises happen to be not far from the border). I could also then try and obtain a visa for an overland entry to the USA, for which I just might stand a better chance. It's a roundabout way of doing things though. One thing's for sure, I am determined that I will do things the right way and respect the laws of the country I am visiting.

ian-mstm

You're going to need an ACPO certificate and probably copies of the court records also.


Over the years, the next round number, 15, has shown up quite a bit as being the magic number to be considered eligible for a visa without a waiver. But, we've heard fewer years also. There's no specific duration... and it's very often a matter of what the adjudicating officer thinks on that day.


Not really, no.

Ian