# Visa with Criminal Record



## Do28 (Dec 21, 2010)

My other half has been offered a job in the USA with her company. This would be an L1A visa with immediate Green Card application as she has been with them for 14 years.

This is a fantastic career opportunity for her. Which leaves me with a possible problem as the sins of my past come back to haunt me.......

20 odd years ago I was convicted of handling stolen property after I allowed a friend to store some hooky gear in my garage. I was convicted on 4 counts (charged for the 4 items) and received a fine and a community service order which was fully complied with.

I had never offended before and have not had so much as a speeding ticket since. I have since that date been a model citizen and hold a very senior position with my company.

What is the likelihood of me being allowed entry and hopefully the green card? I would hate for my past transgression to effects my wife's sparkling career prospects.


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## twostep (Apr 3, 2008)

Read through the green card application.


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## Fatbrit (May 8, 2008)

flybe said:


> My other half has been offered a job in the USA with her company. This would be an L1A visa with immediate Green Card application as she has been with them for 14 years.
> 
> This is a fantastic career opportunity for her. Which leaves me with a possible problem as the sins of my past come back to haunt me.......
> 
> ...


There are two separate hurdles you have to overcome for your criminal record: that for a non-immigrant visa (the L2), and a possible later one for the permanent residency. They both have different rules, i.e. some people who can qualify for a non-immigrant visa could never qualify for residency..

As you say it is a good idea even if you can overcome the first hurdle to ensure the second hurdle is passable. This will affect things such as whether it is wise to buy a house, etc.

The first thing I would say is that you're looking good -- the sentence was low (although US immigration law looks at the maximum sentence rather than the actual one) and enough time has passed to demonstrate credible rehabilitation. However, it would behold you to have a US immigration attorney look at all the paperwork in detail and give you a professional opinion.

It is quite usual for folks on L visas to have a lawyer provided by the company to do the immigration paperwork. However, he who pays the piper calls the tune, and you should not assume the lawyer the company uses has any great interest in whether the trailing spouse gets in or not. If I were you, I'd have my own consultation to plan the path ahead, even though the visa (and possibly later residency) paperwork will be done by the company's lawyer. You'll find US immigration lawyers @ ailalawyer.com.


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## Do28 (Dec 21, 2010)

Thanks for the quick response! I have just started to talk to a lawyer and waiting to hear her thoughts.

Technically the offence could carry a term of 14 years which is then subject to sentencing guidelines. In the case of an offence where the value of the items was sub £1000 then the tarif is a fine or community service or both. I received the fine and community service.

The other issue is that I never realised this offence may be considered a crime of moral turpitude nor that the US had no concept of spent convictions so every time I have been to the US I have just answered no on the Visa waver and wonder if this will have any impact?


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## Fatbrit (May 8, 2008)

flybe said:


> Thanks for the quick response! I have just started to talk to a lawyer and waiting to hear her thoughts.
> 
> Technically the offence could carry a term of 14 years which is then subject to sentencing guidelines. In the case of an offence where the value of the items was sub £1000 then the tarif is a fine or community service or both. I received the fine and community service.
> 
> The other issue is that I never realised this offence may be considered a crime of moral turpitude nor that the US had no concept of spent convictions so every time I have been to the US I have just answered no on the Visa waver and wonder if this will have any impact?


The VWP entries are only another negative if your offense did not come under the petty offense exception. I'd wait for the lawyer's call on that. It should be noted that the US Consulate in London implies that anyone with a criminal record should apply for a B visa and not travel under the VWP. However, they are being too big for their boots with this call, especially since they are not the ones who make the call. The convoluted wording about your criminality on the old I-94W (now on ESTA) is the important one.

Still think you'll be fine at the end of the day, even if you do need a waiver of inadmissibility.


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## Do28 (Dec 21, 2010)

Fatbrit said:


> The VWP entries are only another negative if your offense did not come under the petty offense exception. I'd wait for the lawyer's call on that. It should be noted that the US Consulate in London implies that anyone with a criminal record should apply for a B visa and not travel under the VWP. However, they are being too big for their boots with this call, especially since they are not the ones who make the call. The convoluted wording about your criminality on the old I-94W (now on ESTA) is the important one.
> 
> Still think you'll be fine at the end of the day, even if you do need a waiver of inadmissibility.


I have spoken to the lawyer and because I was charged with 4 counts of the same offence in order for the police to increase their result (they split the item into its component parts) I am not eligible under the petty offence exception so will need to see if I can get a waiver of inadmissibility. 

As far as going in under visa waver over the years is concerned I had no idea that a crime was not spent nor that it was classed as a crime of moral turpitude. In fact if we had not had the offer to move and started searching these forums I would have carried on blissfully unaware that I was doing anything wrong.

What worries me now is that it is my wife's company that are paying the lawyers and sponsoring all of this and what happens if I get refused? She won't be as she makes snow white look like a harlot!

All for the stupidity of youth 20 years ago.........

Has anyone else been through this? How did they deal with it?


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## twostep (Apr 3, 2008)

Based on my experience in HR/recruiting in the US I can only give you a personal suggestion. Talk to your wife's HR /relocation department and take it from there. Yes, it will be painful but it will hurt more if you come out with this issue after a lot of time and money has been spent on the employer's side.


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