hunbun

Hi,

I really need some help, I want to immigrate to the US, infact I have wanted to do this for as long as I can remember and would like to know my chances of getting a visa. I have been arrested for fraud by misreprestation as I tried to get a mobile phone contract out in a different name 4 years ago although not charged or convicted. I have never been in trouble before or after that. I have also gone on to gain a undergraduate degree and masters, I also have a full time job. I have since visited the US on a waiver as I didnt think that my arrest was of a moral terptiude only to realise on a later dat that it actually was.

materialcontroller

Hi and welcome to BE.

You should take a look at this link first: http://britishexpats.com/wiki/Pulask...ork_in_the_USA. Which visa category do you see yourself (potentially) fitting into?

I have no experience of immigrating to the USA, but have successfully applied for two "waiver of ineligibility" B2 tourist visas with an extensive number of CIMT offences from the past. Now if you ever redo an ESTA application, disclosing your arrest for fraud, and it is subsequently denied; you will then be ineligible for the VWP. Note that it is by no means certain that it will be denied, it is merely a possibility. However following such a refusal, if it happens and you wish to return to the USA as a tourist at any time, you will also need to apply for the "waiver of ineligibility". You can read about my experiences of doing that here: http://britishexpats.com/forum/showthread.php?t=723744

You can also check out the links in my signature (beneath this post) for more information on the waivers that are available for both immigrant and non-immigrant visas.

ian-mstm

In a nutshell, if you're eligible for a visa, your chances are good. If you aren't eligible, your chances are 0%. You don't give any information regarding your skill set, so it's difficult to say.

Ian

hunbun

Hi Guys ,

Thank you for your help, I have a law degree and a masters in business I am also a qualified company secretary (corporate administrator) so I can work in many governance jobs. I currently work as a manager for an Administration team. I wonder also if me answering the moral turptitude question incorrectly will go against me?

ian-mstm

Sadly, you're not likely to find that your skill set will easily translate into a visa... and there are, literally, thousands of unemployed people already in the US, who don't need sponsoring (at considerable cost to the employer) and who can start work tomorrow if asked. I don't want to dampen your dreams, but that's the reality of the current situation.


Do you mean on ESTA? In order for it to be an issue, there has to be wilfull misrepresentation... meaning you knew it was a CIMT and deliberatley misled the authorities. One school of thought will suggest that since you didn't know, you didn't deliberately lie. The other school of thought suggests that you should have known since the onus is always on the traveller to know the rules and therefore to know whether or not s/he is allowed to use the VWP.

Ian

Jonsie25

I had the same problem as I was using the ESTA form when I should not have been. I explained that I did not mean to and wanted to apply for the correct visa so it should not be a problem. Better to come clean now. Unfortunately i do have CIMT's so they had to apply for a waiver. Not a pleasant experience waiting to hear as it can take a while.

If you are saying you were not convicted you should not need a waiver but you wont know until you apply. Good luck

ian-mstm

I agree she won't know until she applies, but "convicted" isn't the only criteria... it's "arrested or convicted".

Ian

phcist2usa

dear hunbun:
what happened did you ever apply for ESTA.. mine got denied as i have active admin processing case at london embassy..but bcoz my husband was dependant his got approved..i have heard from friends that it is automated system and if it gets denied you can go personally; and at times they issue visa but that only means you have to pay their fees..good luck

ian-mstm

For future reference, it's okay to quote the person you're actually responding to.

Welcome to BE!

Ian