Jacob50

I`d like to hear from people who have successfully got a US visa to live or permanently work in the US with a criminal conviction.
My story in short, but please don`t judge or post negative comments. I’ve read all the no chance stuff etc but there must be successful applicants out there.
2008 I`m going through a difficult time in life. I drink and gamble. Family members with serious health issues. 2009 I get a simple caution for attempted theft of 40 pounds. I never attempted it but admitted just to be released. Please no comments on this.
2010. Out drinking with a group of 4. Some steal. Because I was with them I get arrested and charged in early 2011. Under pressure, I plead guilty. The case goes to crown court and I end up being sentenced February 2012 to 12 months suspended for 2 years. The charge is a conspiracy to steal. Again please don`t comment on this or judge me.
Before these episodes, I was only in any trouble as a juvenile, 17 and under. Some 30 plus years.

Anyway, I met my wife who is a US citizen in 2014. I never mentioned anything about these convictions. I have traveled back and forth to the US on an Esta without any issues. I ticked no to moral turpitude as it sounded like a sexual type of crime. I know the wording is different on Esta now.
Anyhow, We got married in the US in 2015. My wife moved to the UK once we sorted the spouse visa out. She had her own business, a partnership that is going well. However, her daughter was pregnant with her second child and she decided she wants to live back in the US. She went back a few months ago for her daughter giving birth. She is selling her share of the UK business and has her old job in the US to go back to. I`m in the UK still. We have a house here that needs selling. She wants me to move to the US, having looked at the visa options, etc it has become clear I`m going to struggle to obtain one I think. Everything I read basically says you are not allowed in. I can`t find positive stories from people who have gained entry. My wife still does not know about my conviction. It is something I am ashamed of. I am a decent person, have my own business, work hard, etc so please don`t judge me. I`ve not had any run-ins with the law since and I do not drink any alcohol.
My wife wants to fill in the spousal visa application. From what I`ve read, I`ll then have to attend an interview at the US embassy. Judging by what I`ve read online, Ill be refused a visa. If I`m refused, I think I may have the option of applying for a visa waiver. If so, what type of waiver would I apply for?
I have the opportunity to work in the US too, eventually buying out the owner. The business employs 15 people. So it would be me and my wife owning it. I would be contributing something positive to the economy.
Has anyone recently applied for a visa or a waiver and succeeded? If so, could you please advise on how you achieved this?

tom169

Speak to an immigration attorney about your specifics. Good luck.

Jacob50

Thanks Tom.
I’m wanting to hear from anyone who has been successful in gaining a visa.

finding a decent attorney is hard. I don’t just want them to say we can do it for you and take my cash knowing it is a hopeless cause. I’ve been burned in the past.

civilservant

The convictions themselves are not really the problem since they are what, 8 years old at this point? The older they get the better it looks for you.

However.

This is not a DIY case. You have a potential misrepresentation bar here from the unlawful VWP entry as well as the multiple convictions. Simply put, you lied on your ESTA, and a very dim view could be taken of that.

Consult an immigration attorney ASAP. My recommendation would be one based in the US that can meet with you via Zoom or similar.

Jacob50

Thanks civil servant.
I was not aware of the interpretation for moral turpitude. My own ignorance.
I asked a lawyer here for an interview and was quoted £500 just for the consultation.

iI’l take your advice and look for a US based attorney. Have you any tips on finding a decent one?


The stress and worry of this is now affecting my health.

May I ask, have you heard of successful cases? People never seem to have an end result on their posts, they just stop posting which is a shame.

civilservant

You're going to have to put some money into this to get a positive outcome, that is something you need to resign yourself too. I have been told that we are not allowed to make recommendations on here now, although I am not sure why. If you use the search function, you can probably find a reference to one that practices in CA that was previously often mentioned.

There is at least one member on here that got a visa with a criminal record, although I won't out them. They can post if they wish too.

S Folinsky

I am retired from the practice of immigration law. I can tell you that it is possible inasmuch as I have represented clients in situations similar to yours.

Within the immigration bar there are “mavens” who teach other lawyers. When it comes to waivers of inadmissibility, the recognized expert is Laurel Scott who lives in New Hampshire. I do not know her her personally, but I have observed her to be knowledgeable and quite forthright.

Good luck.

Jacob50

Thanks I’ll do some searching.
I think it will cost me around £5000 in total. That’s just off my looking at fees etc. I could be way off.

It would be nice if the member posted about receiving the visa. It is a very common topic with no outcomes posted.

i only see the likes of Boy George etc who got in but again, no details.

thsnks

Jacob50

Thank you S Folinsky, I’ll check her out.
It is frustrating when cases are not documented. I know I’m a good person with a lot to offer. Silly mistakes should not haunt you for the rest of your life.
I know your immigration policy is tougher now with Mr Trump in office. I can only but try and update on how I get on.
i always try to see the good in people. Done say I’m gullible, I probably am but I just like helping and trusting people.

christmasoompa

Not sure who's told you that, but that's not correct, the rules are the same as they've always been. Recommendations are welcomed as long as people don't recommend their own services, or that of a friend/somebody they've been paid to promote.

HTH.

Former Lancastrian

Simple search on Google

https://www.bestlawyers.com/united-s...mmigration-law

Jacob50

are there other attorneys people recommend them? Ones they know have won similar cases to mine.

thanks.

petitefrancaise

I agree with the others about getting an attorney to help you with this. You don't need a UK based one and in fact I think pretty much any immigration attorney based in the USA will be able to help you. A US -based one will almost definitely have assisted more people in your situation than one based in the UK.
An initial consultation will probably give you the same information that Folinsky has just given you - that people have succeeded. What you need is a bit of handholding through the application and that shouldn't be that expensive - you don't need to be representated in court which would be expensive. My lawyer charges a flat rate for this kind of thing and it's nowhere near what you seem to think.
Also TELL YOUR WIFE!!!!

Guindalf

Firstly, if you post on an open forum, you cannot dictate what replies people can make an what they can't. You KNOW you're going to be judged if you have to say 'Don't judge me' four times in your opening post!

Second, ignorance is no excuse of the law. From the point of immigration, you flat out lied on your ESTA application. Because you 'didn't know what a CIMT was', doesn't mean it's OK.

Er, no you're not. If you were, you'd have been up front about your past with the most important person in your life and not be telling us you've been married for five years and she doesn't know about the one thing that could completely put the kybosh on you living together in the US. Also, stating 'I was only in any trouble as a juvenile, 17 and under' does not exactly solidify your 'I'm a good person' argument.

You state you have 'a lot to offer', which begs the question what, and to whom do you have 'a lot to offer'?

People have been haunted by 'silly mistakes' forever. What makes you any different? If you pleaded guilty and were convicted, you did the crime and no matter how you color it, you must pay the price.

As others have said, consult an attorney. You won't know if you don't try, but don't be surprised if you fail. If you do, you have one person to blame.

scrubbedexpat099

Multiple convictions and misrep, yes there is a waiver - I601.

So you will apply and when you interview in a year or so will be refused a visa and be given an opportunity to file a waiver, currently that adds on another 6 months or so.

Personally I would go with a Lawyer that specialises in waivers, Laurel has been mentioned but there are others.