US Visa - Criminal Record

[Kerfuffle]

Say a person (not me, heh) wanted an Immigrant Visa. But had recently been given a 2 month suspended sentence for 12 months, with 150 hours community service for Attempting/Intending to Pervert the course of Justice.. are they completely screwed or not?

I have no idea, and neither do they, about what sort of record would stop them from getting an Immigrant Visa, so any sorts of examples would be appreciated

[Bevdeforges]

Hi and welcome to the forum.

Check the website of the US Consulate/Embassy in London. There is a process for obtaining a waiver where a person has a criminal record. Obviously, it depends on where the crime was committed and the "facts and circumstances" of the case - but there definitely is a process for having a visa issued despite a conviction.
Cheers,
Bev

[synthia]

Even without the criminal record, getting an immigrant visa is very difficult. The easiest way is to have a close relative sponsor you. This does not include aunts, uncles, cousins, etc.

If you have at least half a million dollars to invest, you might be able to immigrate as an investor. Otherwise you are going to have to get a work permit and hopefully be able to get a green card after you have worked here for some time.

The easiest way to get a work visa is to be transferred by an international company. Otherwise you have to find a job in advance, meaning an employer who is willing to hire you, go to the trouble and expense of applying for a visa, can provide evidence that there is noone in America to hire for the position, and is willing to hold the job for you while this happens. This means you must have a skill that is in short supply in the US. Even then, the visas that have been authorized for this year are, I think, gone already.

The final option is to enroll in an undergraduate or graduate program in the US, get a degree, use the one-year post-degree visa, work like hell to convince your employer you are indespensible, and hope the employer will apply for a work visa for you. It's best to get a degree in a field where there is a great shortage. If you want to be positive you will get in, get a BS in nursing and pass the boards to become an RN.

[Rachel_Heath]

According to INA §212(a)(2)(A):

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-


(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

However the key here is the definition of the legal term moral turpitude and it's application in this instance. Take a look at the US Department of State's official definition of which crimes are covered by this legal term, most particularly 9 FAM 40.21(a) N2.3-2 Crimes Committed Against Governmental Authority.