ellenofellen

I will lay my cards on the table.

I want to move my family to the USA.

I have a UK business that is successful and has been trading over 10 years.

I want to apply for an L1A visa where I open a US office as a subsidiary of my UK business.

I have a Director of the business that will stay in the UK to run operations there.

I want to use this as a short cut to getting a green card so that I can stay in the US indefinitely.

I have a criminal record.

Convictions:

1. 1998 Fly tipping (£1000 fine from magistrates court. Prosecuted by Environment agency)
2. 1998 Speeding fine. This was overturned by the Chief Constable and removed.
3. 1993 No motor insurance. IN10. Fined
4. 1986 Drunk and Disorderly . Bound over to keep the peace. Fined £20.
5. 1982 Theft of £15 from a shop till (as a school aged person (15 years old) Fined and conditional discharge.
1979. receiving stolen goods as a juvenile. Probation for 12 months.

I have also entered the USA in the last couple of years on the Waiver system but my wife filled out the ESTA and I knew nothing about it. She was not aware of my police record and filled it out in good faith.

So.. am I wasting my time and my families time trying for the L1A visa based on this? Do I realistically have a chance of getting this visa and then going on to get a green card and then maybe US citizenship?

Please be honest with me and if you have real experience of a similar situation then please share.

Thanks for looking.

ElllenOfEllen

Noorah101

You might have some difficulties with your criminal record, but I'm no expert. You should really have a consultation with an immigration attorney who can tell you for sure whether you have a chance or not.

Also, I wouldn't say the L1A is a "shortcut" to getting a green card, it's just one of the many ways.

Rene

ellenofellen

Thanks for your answer I will be speaking to an immigration Lawyer at some stage soon but was rather hoping to hear some real world experiences where people who have convictions similar to this have made it through or were turned down bluntly.

In your opinion what is the problem with my record. Is it the quantity of convictions or the nature of them? Is there any leniency given to convictions as a juvenile?

Thanks again.

Noorah101

I'm sure others will be along with more concrete comments....I really don't know enough about the topic.

I'm going now to look up "fly tipping"! I have no idea what that is.

Rene

ellenofellen

I dumped some household rubbish (some cardboard boxes) in a field. I was caught and prosecuted by the environment agency. That's fly tipping.

Noorah101

Just looked it up and understand what it is now. Thanks.

I am sure others will be along to comment on your conviction history.

Rene

lavabit

I don't have an answer for you but since you asked for blunt comments, I was once told by a Consular Officer that it's their job to keep people OUT of the US, not let them in easily. They are not a very sympathetic breed, unfortunately, and don't seem to look at the human element of things.
Good luck.

md95065

You should definitely consult with an immigration attorney but I suspect that all of these issues can probably be overcome.

materialcontroller

The theft and receiving charges seem to be the only CIMTs on that record that would make you inadmissible. But given the length of time that has passed, and the fact that they were committed as a juvenile, I'm almost certain that you could obtain a waiver of ineligibility for the visa.

I don't often recommend the use of an immigration attorney, but in this case will echo the other comments and say that it is probably a very good idea for you to have a consulation and to seek the best legal advice possible before proceeding.

ellenofellen

Thanks again everyone for offering your advice. I have a consultation coming up with Fong & Chun LLP. Is this a good choice considering my difficulties ahead or is there a better option for me?

materialcontroller

Very good choice. One of the best in the business apparently, as well as an erstwhile contributor to this BE forum.

Good luck to you.

Eska

Moderator's Edit: Here is an example of a Waiver:

http://www.uscis.gov/err/H2%20-%20Wa...10_01H2212.pdf

ellenofellen

That does offer a lot of hope. Thanks for putting that up.

Eska

your welcome ... i have same problem i have criminal record and very much the same .. my usc wife has put in the I-130 i think it is .. it is for me to move there . we were so worried once we looked into me going and living there i would not get in .. there are so many conflickting issuies my head spinning ... well my wife came across this ... my wife now has made an appointment to see an imigration laywer to see what can done fore me

please do not take this doc to be fact as it has come second hand to me but it does look legit
Noorah101 can u put the waiver in the relivant post pls

Noorah101

Does it belong in a different thread?

Rene