Seamus Beoirgra

Hi, I guess you get asked these questions on a constant basis but I had a look through the archives and could not find anything that pertained to it specifically.

I am a University Lecturer with an American partner. The relationship is relatively new and we are currently discussing the possibilities for me to obtain lecturing work in the US. Other than that I need to just go out and visit the place before deciding.

Will my criminal record completely negate my ability to do this?
When I was a student in the mid-90's I took part in demonstrations against fox-hunting (a sport that is now illegal of course) and I was convicted twice for Aggravated Trespass (basically blowing a hunting horn to distract hunting dogs). I received a fine and then the second time I received a small amount of hours of community service.

I presume that this is something I need to declare even though the convictions are now 'spent' (in other words I do not need to disclose them to a potential employer unless I am working with children or disabled people).

Does anyone have any idea of how much this would affect my ability to travel to or ultimately live and work in the United States?
I stand by my actions as a student and will face the consequences with brevity and understanding, I just wondered if anyone here has had experience of this sort of thing.

Many thanks in advance
Seamus

NC Penguin

BE forums including a couple of usenet groups that seem relevant to you. Have you looked at US Visas and the US Immigration forums/newsgroups?

The answer to your question is likely to be found in one or possibly both locations.

Also, have a look at the US government's website on immigration and visas, the www.uscis.gov site.



NC Penguin

Ray

You crimes are unlikely to be classed as a CIMT ..but having two does not help ..But should not affect immigration...
Be very careful what area you pick to move to.. hunting is very important to people in certain areas...your opinions on the subject would not go down well ..

Brit'n'TX

I thought the guy was talking about smuggling in a Bee Gees LP

Ray

No!! that would be a crime involving moral turpitude...

Seamus Beoirgra

Thank you for this information Penguin. I am finding it increasingly difficult to work out if the forms needed to holiday in the US are the same ones that are needed for working or living there (in terms of getting a Pardon for a criminal record).
In another thread I read that many people just go to the States and do not disclose their criminal records. In other words they take a risk.

Because my partner is American I cannot run the risk of being banned from there forever.

Cheers for your help
Seamus

Seamus Beoirgra

Thanks Ray. Yes I thought that committing the same crime twice may cause a problem. I know many Americans, amongst them a decorated Vietnam soldier who could offer a letter of recommendation to helpp along my application.

Regarding the freedom to voice my beliefs and opinions - that is one of the reasons I would happily move to the USA rather than somewhere like, say, Iran.

Manc

just don't do it on some bugger elses land eh?

Seamus Beoirgra

Didn't plan to.
It's been 7 years since I did anything like that and I always kept on a public footpath, which is everyone's land. In the UK anyway.

Thanks.

scrubbedexpat099

That sort of activity will not go down well at all in the US, and not that many Public Footpaths to do it from.

You need to realise that should you attempt to immigrate in the furure, being a bad boy will get you put on the next plane.

The issue arises in the declaration you have to give on the I94 when you use the VWP, the only certain way of ascertaining if you have an issue is to go to the US Embassy and apply for a B2. They will not give general guidance on acceptability.

US law does not recognise spent acts btw. You have to declare everything.

seve

David if you are still online can you answer this please??

Would marriage to a us citizen be a way of living legitamatly in the UK even with a criminal record....

thanks...... (kinda in the same boat here)...

seve

David if you are still online can you answer this please??

Would marriage to a us citizen be a way of living legitamatly in the US (being a UK citizen!!) even with a criminal record....

thanks...... (kinda in the same boat here)

I meant living in the US

Wintersong

Depends on what your convictions are for, I guess.

Much easier for the US citizen to move to the UK.

scrubbedexpat099

Depends which David.

Any visa requires you to answer about your Criminal history.

Some issues do not matter.

Some may matter

Some may be waivable in limited circumstances. Petition by a USC for example showing extreme hardship to the USC if the waiver is not allowed

Some isses are not waivablw without a Bill (V.V. unlikely) Major Feloney, Drugs , War Criminal, Drugs etc.

If you think your are in a serious category see a specialist Lawyer, at least for a review, there are US Immigration Lawyers in London.

seve

Thankyou for the feedback...

A friend of mine travels back and forth regularly to the US without disclosing his record. I have one for a similar conviction....Pub brawl as a teenager....

This was a conviction that resulted only in a fine and so I do not believe falls into such a serious catagory.... And while the thought of marriage is legitamate and for the right reasons I would hate to think that even traveling or living in the US was completely ruled out.....

Even a maybe right now gives me some optimisim....... also I need to find out and let my possible future wife know.......

Also I assume these visa applications would involve a thorough check so they would defo find out about this record even if I were not to disclose it.....

They obviously did not check my freinds....

anymore suggestions or advice appreciated....

thanks....seve