Has anyone successfully received a US visa with a UK criminal record
#31
Re: Has anyone successfully received a US visa with a UK criminal record
Whatever happens, you will be better off. Even if the worst were to happen and your marriage ends, at least you won't be carrying this around with you. Hiding it is no doubt being as destructive to you as it could be to your marriage.
#32
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Re: Has anyone successfully received a US visa with a UK criminal record
No, it's not a brutal answer - it's the path forward.
If you want a life with your wife, it is time for you to acknowledge that it is out of your hands and you have to let her make her own decision about your future together. I'd give her the facts and let her see how much you regret lying to her. It's not about the original acts now is it? It's the years of lying. She will decide whether to go forward on your future together based on how much faith she has in you. Are you afraid you're not good enough for her with your weakness? Maybe have a little more faith in yourself and your wife.
If you want a life with your wife, it is time for you to acknowledge that it is out of your hands and you have to let her make her own decision about your future together. I'd give her the facts and let her see how much you regret lying to her. It's not about the original acts now is it? It's the years of lying. She will decide whether to go forward on your future together based on how much faith she has in you. Are you afraid you're not good enough for her with your weakness? Maybe have a little more faith in yourself and your wife.
#33
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Re: Has anyone successfully received a US visa with a UK criminal record
I do wish there were documented success stories. It would give hope.
#34
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Re: Has anyone successfully received a US visa with a UK criminal record
Perhaps one of the kind BE posters could provide a link to cases or a website where you can research case law like Cornell University and a few others that allow you to search case law but again each case on its own merits.
Shame you didn't marry a Canadian as we are somewhat more liberal in our Immigration laws for those with criminal records.
#35
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Re: Has anyone successfully received a US visa with a UK criminal record
Reading success stories gives hope. It helps to understand what others had to do.
I know an attorney is the option but reading positive experiences is a huge help.
I've been to Canada once in 2007. It was nice but unfortunately Canada is not an option right now.
I’ve read they don’t let you in with a DUI. I have none by the way.
min the US, DUI is not that serious whereas in the UK, it is a serious crime and has the ability to cause the death of innocent people.
I know an attorney is the option but reading positive experiences is a huge help.
I've been to Canada once in 2007. It was nice but unfortunately Canada is not an option right now.
I’ve read they don’t let you in with a DUI. I have none by the way.
min the US, DUI is not that serious whereas in the UK, it is a serious crime and has the ability to cause the death of innocent people.
#36
Re: Has anyone successfully received a US visa with a UK criminal record
Do an advance search on the search link above this forum and specify I-601 or waiver of inadmissibility. The posts that will come up will often be specific on what was done step by step. There are many posts to go through.
As noted, each case is individual. What your outcome will be will be determined at the interview and if denied, the adjudication of the submitted waiver if it is recommended by the consulate.
I believe you are looking for success stories because you need to feel that "okay, this can be outcome". Yes, there is the possibility. Search good counsel. You are a successful businessman and your wife a successful businesswomen. Money should not be an issue. Nor should "confidence." You can't be a success in business without confidence so your saying you lack confidence is bull.
As noted, each case is individual. What your outcome will be will be determined at the interview and if denied, the adjudication of the submitted waiver if it is recommended by the consulate.
I believe you are looking for success stories because you need to feel that "okay, this can be outcome". Yes, there is the possibility. Search good counsel. You are a successful businessman and your wife a successful businesswomen. Money should not be an issue. Nor should "confidence." You can't be a success in business without confidence so your saying you lack confidence is bull.
#37
Re: Has anyone successfully received a US visa with a UK criminal record
They do after a certain amount of time, but pretty much any conviction means you're inadmissible to Canada for at least 5 years after the end of the sentence. After that criminal rehab must be applied for which can take a year or more. I personally think Canada is much tougher than the US on letting people with criminal records in.
#38
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Re: Has anyone successfully received a US visa with a UK criminal record
As usual some of the language on here aimed at OP is unnecessarily direct, but the intent is fair.
I agree with the advice you've been given, you have a potential misrep issue. Given your crimes probably are CIMTs, I don't think it can be explained away via the change in question wording for the VWP, which is usually how it's dealt with (I had the exact same issue).
Your caution will be treated as an admission of guilt by USCIS, which has the same effect of it being a conviction.
Theft/conspiracy to steal generally implies you had intent to permanently deprive the victim, which for all intents and purposes is a CIMT. There is a little bit of debate around whether all convictions of theft are CIMTs for the purposes of immigration, but I doubt this forum's knowledgebase will be sufficient to call whether it can be avoided in your case. This is where a good immigration attorney steps in, and why you must involve them before you start filing any forms.
I am one of the members with a criminal ineligibility, although I do not have an immigrant visa, rather a non-immigrant visa, and the waiver option is a little bit more flexible. Some would argue my crimes were worse than yours given they are drug related.
We all make mistakes. Some of us make worse ones than others. How you deal with the fallout is the main factor in how those mistakes impact you.
You will have to pony up a fair bit of money during this process, so as others have said, you need to recognise and accept that. Getting the facts out on the table to your spouse is an unavoidable task - getting distance between that and then the mechanics of the immigration process is something you should look to achieve. It'll help your partner come to terms with them.
If I can give one piece of advice as a "convict" who's continued through life reasonably successfully: don't spend time claiming it wasn't your fault. There are many times in your life where your history will come up, and it is a lot more becoming to be on the side of the fence that says "it's a pain, I made a mistake, but it's my burden to manage and I've done the best I can with it", rather than "it wasn't my fault and it's ruined my life". People who confront their criminal histories head on tend to have good outcomes.
I agree with the advice you've been given, you have a potential misrep issue. Given your crimes probably are CIMTs, I don't think it can be explained away via the change in question wording for the VWP, which is usually how it's dealt with (I had the exact same issue).
Your caution will be treated as an admission of guilt by USCIS, which has the same effect of it being a conviction.
Theft/conspiracy to steal generally implies you had intent to permanently deprive the victim, which for all intents and purposes is a CIMT. There is a little bit of debate around whether all convictions of theft are CIMTs for the purposes of immigration, but I doubt this forum's knowledgebase will be sufficient to call whether it can be avoided in your case. This is where a good immigration attorney steps in, and why you must involve them before you start filing any forms.
I am one of the members with a criminal ineligibility, although I do not have an immigrant visa, rather a non-immigrant visa, and the waiver option is a little bit more flexible. Some would argue my crimes were worse than yours given they are drug related.
We all make mistakes. Some of us make worse ones than others. How you deal with the fallout is the main factor in how those mistakes impact you.
You will have to pony up a fair bit of money during this process, so as others have said, you need to recognise and accept that. Getting the facts out on the table to your spouse is an unavoidable task - getting distance between that and then the mechanics of the immigration process is something you should look to achieve. It'll help your partner come to terms with them.
If I can give one piece of advice as a "convict" who's continued through life reasonably successfully: don't spend time claiming it wasn't your fault. There are many times in your life where your history will come up, and it is a lot more becoming to be on the side of the fence that says "it's a pain, I made a mistake, but it's my burden to manage and I've done the best I can with it", rather than "it wasn't my fault and it's ruined my life". People who confront their criminal histories head on tend to have good outcomes.
#39
Re: Has anyone successfully received a US visa with a UK criminal record
I'm not so sure about that, it depends on your definiiton of "tougher" - for starters the US does not recognize the concept of convict rehabilitation or "spent" convictions, so any conviction stays with you for life from the perspective of US for visa and immigration purposes, and depending on the nature and severity of the crime the US may determine that you are permanently ineligible to enter the US.
#40
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Re: Has anyone successfully received a US visa with a UK criminal record
Thanks shiversaint. I see myself as a good person, I have helped many people and always offer help to people in need of I’m in a position to do so. Past trauma I experienced at a young age made me help others but wilt let when it came to my own well being. Some will understand this, some won’t.
#41
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Re: Has anyone successfully received a US visa with a UK criminal record
I'm not so sure about that, it depends on your definiiton of "tougher" - for starters the US does not recognize the concept of convict rehabilitation or "spent" convictions, so any conviction stays with you for life from the perspective of US for visa and immigration purposes, and depending on the nature and severity of the crime the US may determine that you are permanently ineligible to enter the US.
this is something else that scares me. I have emailed a attorney, hopefully they get back to me with some positive news.
#42
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Re: Has anyone successfully received a US visa with a UK criminal record
Thanks Rete. I’ll do the search.
#43
Re: Has anyone successfully received a US visa with a UK criminal record
I don't see that there is much more to dicuss with your case - break the news to your wife, hire a good attorney, find a decent chunk of change to pay the attorney, and then be patient, as this is going to take a time to sort out. Oh, and please come back to tell us how it panned out for you, so that we can build more, and recent knowledge and experience.
Last edited by Pulaski; May 18th 2020 at 5:00 pm.
#44
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Re: Has anyone successfully received a US visa with a UK criminal record
Hi Pulaski.
i will definitely keep everyone informed. It will help others in a similar situation.
has anyone an idea of an approximate cost? Is it going to be 5000- 10,000 dollars for attorney? Then visa fees on top.
i will definitely keep everyone informed. It will help others in a similar situation.
has anyone an idea of an approximate cost? Is it going to be 5000- 10,000 dollars for attorney? Then visa fees on top.
#45
Re: Has anyone successfully received a US visa with a UK criminal record
.... Is it going to be 5000- 10,000 dollars for attorney? Then visa fees on top.