Has anyone successfully received a US visa with a UK criminal record
May 18th 2020, 5:05 pm
#46
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Re: Has anyone successfully received a US visa with a UK criminal record
Thanks. I just hope I pick a good attorney and my wife sticks by me.
May 18th 2020, 5:28 pm
#48
Austin. TX.
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Re: Has anyone successfully received a US visa with a UK criminal record
May 18th 2020, 5:36 pm
#49
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Re: Has anyone successfully received a US visa with a UK criminal record
The problem is that pleading guilty to an accusation in court doesn't mean that you actually did it, any more than being acquitted means that you didn't.
Every day people plead guilty to crimes they didn't commit for all sorts of reasons, just like "innocent" people unfairly walk out of court with their liberties intact.
If OP maintains that he didn't do it and was advised to plead regardless by his brief, I don't think anyone here is really in a place to question that - none of us were there at the time.
Granted it's a moot point from an immigration perspective - a conviction is a conviction - but I do think you're being slightly harsh with OP when it comes to his past.
Every day people plead guilty to crimes they didn't commit for all sorts of reasons, just like "innocent" people unfairly walk out of court with their liberties intact.
If OP maintains that he didn't do it and was advised to plead regardless by his brief, I don't think anyone here is really in a place to question that - none of us were there at the time.
Granted it's a moot point from an immigration perspective - a conviction is a conviction - but I do think you're being slightly harsh with OP when it comes to his past.
Thanks Guindalf for your reply. It has made me feel even worse about myself.
you don’t know my circumstances and mental state of mind when these things happened.
people find themselves in vulnerable situations that don’t always end well. As for the Esta. How many people have not understood it.
Anyway. Be judgemental if you wish. Judge me without knowing all the good things I’ve done for others.
I ask for help. You have a president who many would say has done many things, good or bad.
we have a prime minister and his colleagues who admit to be cocaine users in their younger days. Buying and using cocaine is far more serious than what I admitted to under duress, but what’s done is done, I can’t go back in time which Is why I’m trying to source positive outcomes and help.
you don’t know my circumstances and mental state of mind when these things happened.
people find themselves in vulnerable situations that don’t always end well. As for the Esta. How many people have not understood it.
Anyway. Be judgemental if you wish. Judge me without knowing all the good things I’ve done for others.
I ask for help. You have a president who many would say has done many things, good or bad.
we have a prime minister and his colleagues who admit to be cocaine users in their younger days. Buying and using cocaine is far more serious than what I admitted to under duress, but what’s done is done, I can’t go back in time which Is why I’m trying to source positive outcomes and help.
BTW, what the excuse of a US president and BoJo did in their past has nothing to do with anything.
May 18th 2020, 5:44 pm
#50
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,447
Re: Has anyone successfully received a US visa with a UK criminal record
How much a skilled and knowledeably attorney can charge for their services - the time spent reviewing the case, and digging into the details. In short "supply and demand and market forces". 
Private client attorney rates are typically in the range $200-$1,000 hour, with the rate being towards the higher end in large cities, and for more knowledgable and experienced attorneys, so I could easy see that Jacob races an hourly rate of $700/hr, with an hour for the original fact-finding, a couple more for review and research, and more for case preparation and review. Of course some work will be performed by an associate or paralegal, but IMO it won't be hard to rack up $3,000-$4,000 in fees before the rejection, so then any addtional requiremts and correspondence will be on top. It is certainly possible that the total fees could be less than $5,000, but I would still recommend being prepared for a higher figure.
Private client attorney rates are typically in the range $200-$1,000 hour, with the rate being towards the higher end in large cities, and for more knowledgable and experienced attorneys, so I could easy see that Jacob races an hourly rate of $700/hr, with an hour for the original fact-finding, a couple more for review and research, and more for case preparation and review. Of course some work will be performed by an associate or paralegal, but IMO it won't be hard to rack up $3,000-$4,000 in fees before the rejection, so then any addtional requiremts and correspondence will be on top. It is certainly possible that the total fees could be less than $5,000, but I would still recommend being prepared for a higher figure.
May 18th 2020, 5:52 pm
#51
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Re: Has anyone successfully received a US visa with a UK criminal record
I will add to that...or the services of someone who has been banned from BE. <<<Please note Mr. F.
Last edited by Jerseygirl; May 18th 2020 at 5:56 pm.
May 18th 2020, 5:57 pm
#52
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Joined: May 2010
Location: San Diego, California
Posts: 9,660
Re: Has anyone successfully received a US visa with a UK criminal record
For the OP who is looking to hear from someone who has a criminal record and/or successfully or not obtained a visa for the US.
There is a thread immediately below this one
B2 visa help
Not an identical situation, but it shows what one needs to go through in some cases to obtain a US visa.
There is a thread immediately below this one
B2 visa help
Not an identical situation, but it shows what one needs to go through in some cases to obtain a US visa.
May 18th 2020, 6:09 pm
#53
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Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
Re: Has anyone successfully received a US visa with a UK criminal record
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!!!!
Also TELL YOUR WIFE!!!!
My response to OP really wasn’t a consultation. He wanted to hear from anyone who had received a visa in a situation like his - which a few past clients of mine had. Now, if his description was along the lines of “I’ve lead an exemplary life other than the four tons of marijuana found in my truck” I probably would have refrained from answering. (On the mj conviction see Padilla v Kentucky for facts).
Last edited by S Folinsky; May 18th 2020 at 6:33 pm. Reason: Add Padilla cite.
May 18th 2020, 6:11 pm
#54
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Joined: Jul 2015
Location: Panama City, FL
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Re: Has anyone successfully received a US visa with a UK criminal record
Here's a spot of light reading...
Nonimmigrant Visa Waiver of Ineligibility Application
As mentioned by shiversaint these are for non-immigrant visas. An immigrant visa will be more stringent but you'll get the idea.
Nonimmigrant Visa Waiver of Ineligibility Application
As mentioned by shiversaint these are for non-immigrant visas. An immigrant visa will be more stringent but you'll get the idea.
May 18th 2020, 9:07 pm
#55
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Re: Has anyone successfully received a US visa with a UK criminal record
Thanks for the links and search suggestions. I’ve been reading for hours.
lets say I have my interview did the I -130. The officer will deny me a visa at the interview. They will then tell me if they are recommending me for a waiver.
i then fill in the waiver forms, send them off and wait for the decision.
if I do get the waiver, this visa waiver will allow me to live in the US permantly or do I have to keep renewing it every so many years?
thanks everyone for your help.
lets say I have my interview did the I -130. The officer will deny me a visa at the interview. They will then tell me if they are recommending me for a waiver.
i then fill in the waiver forms, send them off and wait for the decision.
if I do get the waiver, this visa waiver will allow me to live in the US permantly or do I have to keep renewing it every so many years?
thanks everyone for your help.
May 18th 2020, 9:16 pm
#56
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,447
Re: Has anyone successfully received a US visa with a UK criminal record
As you've been married for more than two years you would get an IR-1 visa which qualifies you for a ten year green card on entry to the US. You can renew your green card every ten years for the rest of your like or for as long as you want to live in the US, or at any time after the third anniversay (less 90 days) of your entry to the US on your IR-1 you can apply for US citizenship.
Last edited by Pulaski; May 18th 2020 at 9:22 pm.
May 18th 2020, 9:30 pm
#57
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Joined: May 2020
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Re: Has anyone successfully received a US visa with a UK criminal record
Thanks for that. So many visas etc it gets confusing.
May 18th 2020, 10:16 pm
#58
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Joined: Mar 2010
Posts: 2,855
Re: Has anyone successfully received a US visa with a UK criminal record
How much a skilled and knowledeably attorney can charge for their services - the time spent reviewing the case, and digging into the details. In short "supply and demand and market forces".
Private client attorney rates are typically in the range $200-$1,000 hour, with the rate being towards the higher end in large cities, and for more knowledgable and experienced attorneys, so I could easy see that Jacob races an hourly rate of $700/hr, with an hour for the original fact-finding, a couple more for review and research, and more for case preparation and review. Of course some work will be performed by an associate or paralegal, but IMO it won't be hard to rack up $3,000-$4,000 in fees before the rejection, so then any addtional requiremts and correspondence will be on top. It is certainly possible that the total fees could be less than $5,000, but I would still recommend being prepared for a higher figure.
Private client attorney rates are typically in the range $200-$1,000 hour, with the rate being towards the higher end in large cities, and for more knowledgable and experienced attorneys, so I could easy see that Jacob races an hourly rate of $700/hr, with an hour for the original fact-finding, a couple more for review and research, and more for case preparation and review. Of course some work will be performed by an associate or paralegal, but IMO it won't be hard to rack up $3,000-$4,000 in fees before the rejection, so then any addtional requiremts and correspondence will be on top. It is certainly possible that the total fees could be less than $5,000, but I would still recommend being prepared for a higher figure.
May 18th 2020, 10:59 pm
#59
Forum Regular
Joined: Sep 2019
Posts: 41
Re: Has anyone successfully received a US visa with a UK criminal record
Nothing to do with a spouse visa but I worked in Disney and Universal doing their summer programmes a few years back whilst I was in university. At 17, I received a youth reprimand for criminal damage. This came to light in the application process for both work Visa's and I had no issues. I then travelled 5 times after my summer programmes ended on Estas. No stops, no issues, no Esta rejections. Not sure how "tied up" their systems are.
May 18th 2020, 11:14 pm
#60
Austin. TX.
Joined: Sep 2013
Posts: 5,930
Re: Has anyone successfully received a US visa with a UK criminal record
I would think that $3-4,000 would be on the lower end. I have personally only paid 1 US immigration lawyer to get permission to apply for US Citizenship (not a US matter) that was an LA Lawyer and the all in fee was close to $2,000. I have also engaged a number of NYC Metro Firms for H1B’s lottery, H1b transfer/renewals, a GC application and also received quotes on L1b’s (which they discouraged, because they only really wanted to take on cases that would keep their high approval record) .... these were all vanilla applications with no issues like the OP’s and “Flat fee” and mostly done by the paralegals.... the fees were all in $3,500-$5000 range (excluding USCIS fees). As with all things you can find cheaper, our PEO offers to do H1b’s but when your focus is on getting the visa approved going cheap may not be the best value for money.
I looked at Folinsky's link for the lawyer in NH and it sounds very much like our lawyer. And from what he has written and what the NH lawyer has on her website, I think I'd go ahead with the application ( being very humble and apologetic about past misdemeanors) and if it was rejected, then bring in a lawyer to go through the waiver stuff.
But first, I'd be honest with the wife.