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Work visa and criminal record?

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Old Jul 11th 2003, 9:02 am
  #1  
Bm
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Default Work visa and criminal record?

Can someone with a job offer in the U.S. but who has a criminal
record apply for a work visa? Is it possible that you can apply
for and recieve permission to live and work in America if you
are inadmissable?

I am a Canadian citizen. I have applied for, and received, a I-192
waiver (advance permission to enter) because of a minor pot possesion
conviction 7 years ago. I'm going on my 4th renewal of this waiver.
For what it's worth, I have recieved a pardon from the
Canadian government.

I would like to know if it is at least theoretically possible for me
to live and work in the United States.

Thanks for your responses.
 
Old Jul 11th 2003, 9:43 am
  #2  
 
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Default Re: Work visa and criminal record?

Originally posted by Bm
....... For what it's worth, I have recieved a pardon from the
Canadian government. .....
It sounds like you need advice from an experienced immigration lawyer regarding the pardon, and whether it is effective for US immigration purposes.
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Old Jul 11th 2003, 1:27 pm
  #3  
Ingo Pakleppa
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Default Re: Work visa and criminal record?

Yes, it is indeed possible. If you were able to get it waived before, you
should be able to get it waived again; this waiver applies to all
non-immigrant categories.

If you are thinking about permanent immigration, it might be a good idea
to consult with an immigration attorney, since the standard for the waiver
may be different in that case.

On Fri, 11 Jul 2003 14:02:41 -0700, BM wrote:

    > Can someone with a job offer in the U.S. but who has a criminal record
    > apply for a work visa? Is it possible that you can apply for and recieve
    > permission to live and work in America if you are inadmissable?
    >
    > I am a Canadian citizen. I have applied for, and received, a I-192
    > waiver (advance permission to enter) because of a minor pot possesion
    > conviction 7 years ago. I'm going on my 4th renewal of this waiver. For
    > what it's worth, I have recieved a pardon from the Canadian government.
    >
    > I would like to know if it is at least theoretically possible for me to
    > live and work in the United States.
    >
    > Thanks for your responses.

--
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Old Jul 11th 2003, 3:24 pm
  #4  
Bm
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Default Re: Work visa and criminal record?

Pulaski wrote in message news:...
    > Originally posted by Bm
    >
    > > ....... For what it's worth, I have recieved a pardon from the
    >
    > > Canadian government. .....
    >
    > It sounds like you need advice from an experienced immigration
    > lawyer regarding the pardon, and whether it is effective for US
    > immigration purposes.

I know that a foreign pardon is not recognized by the INS/BCIS. I just
mentioned that in case it would have any bearing at all in my case.
 
Old Jul 12th 2003, 3:16 am
  #5  
Bm
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Default Re: Work visa and criminal record?

"Ingo Pakleppa" wrote in message news:...
    > Yes, it is indeed possible. If you were able to get it waived before, you
    > should be able to get it waived again; this waiver applies to all
    > non-immigrant categories.
    >
    > If you are thinking about permanent immigration, it might be a good idea
    > to consult with an immigration attorney, since the standard for the waiver
    > may be different in that case.


Thanks for the reply. I was able to get it waived before, but strictly
as a non-immigrant. My concern was whether the BCIS would view an
attempt by someone with a criminal record at getting work authorization
as a complete no-no.

By the way, Ingo, your website is excellent.
 
Old Jul 12th 2003, 11:40 am
  #6  
Ingo Pakleppa
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Default Re: Work visa and criminal record?

On Sat, 12 Jul 2003 08:16:48 -0700, BM wrote:

    > "Ingo Pakleppa" wrote in message
    > news:...
    >> Yes, it is indeed possible. If you were able to get it waived before,
    >> you should be able to get it waived again; this waiver applies to all
    >> non-immigrant categories.
    >>
    >> If you are thinking about permanent immigration, it might be a good
    >> idea to consult with an immigration attorney, since the standard for
    >> the waiver may be different in that case.
    >
    >
    > Thanks for the reply. I was able to get it waived before, but strictly
    > as a non-immigrant. My concern was whether the BCIS would view an
    > attempt by someone with a criminal record at getting work authorization
    > as a complete no-no.

No. When granting a waiver, they do take all kinds of circumstances into
account, but it is not at all a no-no.

    > By the way, Ingo, your website is excellent.

And incomplete... I need to work on it again soon. Thanks!

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jul 23rd 2003, 4:54 am
  #7  
Amer20034
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Default Re: Work visa and criminal record?

    >Can someone with a job offer in the U.S. but who has a criminal
    >record apply for a work visa?

British Ex-spats do it all the time.
One might even help you.
They are experts at bypassing INS and BCIS filters and scrutiny.

The U.K. is doing a good job of exporting their criminals.
I wish the U.S. could do the same.
 
Old Jul 23rd 2003, 10:56 am
  #8  
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Default Re: Work visa and criminal record?

Originally posted by Amer20034
    >Can someone with a job offer in the U.S. but who has a criminal
    >record apply for a work visa?

British Ex-spats do it all the time.
One might even help you.
They are experts at bypassing INS and BCIS filters and scrutiny.

The U.K. is doing a good job of exporting their criminals.
I wish the U.S. could do the same.
Actually, the UK's requirements for immigrants from the US is a lot less stringent than the US's requirements for UK immigrants. For the UK, as long as the prison sentence is not more than 12 months, a USC can emigrate to the UK, whereas the US requirement for British Citizens is that the maximum sentence that COULD HAVE been passed is not more than 6 months. Also UKC who emigrate to the US have to provide a police certificate so they cannot lie about it. USC who emigrate to the UK do not have to provide proof so even a mass murderer could theoretically get in. In fact, we did let Mike Tyson in, a convicted rapist.
So put that in your pipe and smoke it!

For the OP, I believe you are admissable provided you committed only ONE crime and MAX sentence you could have got is less than 6 months. So I do not believe you will need a waiver.
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Old Jul 24th 2003, 3:30 am
  #9  
Amer20034
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Default Re: Work visa and criminal record?

"MrsLondon" wrote in message
news:[email protected]...
    > Actually, the UK's requirements for immigrants from the US is a lot less
    > stringent than the US's requirements for UK immigrants.
There are so many people who want to come to the U.S.
Why should we even entertain the requests from former criminals?

    >In fact, we did let Mike Tyson in, a convicted rapist.
And you are proud of that?
You Brits are strange! Maybe the crime rate in the UK is not high enough.

    > So put that in your pipe and smoke it!
Like Clinton the turncoat?

    > Posted via http://britishexpats.com

Be sure to help your clan.
 

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