Has anyone got any type of visa to live in the US with a criminal conviction?

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Has anyone got any type of visa to live in the US with a criminal conviction?


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Old 17th May 2020, 06:30 PM
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Default Has anyone got any type of visa to live in the US with a criminal conviction?

I`d like to hear from people who have successfully got a US visa to live there with a criminal conviction.

My story in short, but please don`t judge or post negative comments.

2008 I`m going through a difficult time in life. I drink and gamble. Family members with serious health issues.
2009 I get a simple caution for attempted theft of 40 pounds. I never attempted it but admitted just to be released. Please no comments on this.

2010. Out drinking with a group of 4. Some steal. Because I was with them I get arrested and charged in early 2011. Under pressure, I plead guilty. The case goes to crown court and I end up being sentenced February 2012 to 12 months suspended for 2 years. The charge is a conspiracy to steal. Again please don`t comment on this or judge me.

Before these episodes, I was only in any trouble as a juvenile, 17 and under.


Anyway, I met my wife who is a US citizen in 2014. I never mentioned anything about these convictions.
I have traveled back and forth to the US on an Esta without any issues. I ticked no to moral turpitude as it sounded like a sexual type of crime. I know the wording is different on Esta now.

Anyhow, We got married in the US in 2015. My wife moved to the UK once we sorted the spouse visa out. She had her own business, a partnership that is going well. However, her daughter was pregnant with her second child and she decided she wants to live back in the US. She went back a few months ago for her daughter giving birth.
She is selling her share of the UK business and has her old job in the US to go back to. I`m in the UK still. We have a house here that needs selling.
She wants me to move to the US, having looked at the visa options, etc it has become clear I`m going to struggle to obtain one I think. Everything I read basically says you are not allowed in. I can`t find positive stories from people who have gained entry.
My wife still does not know about my conviction. It is something I am ashamed of. I am a decent person, have my own business, work hard, etc so please don`t judge me. I`ve not had any run-ins with the law since and I do not drink any alcohol.

My wife wants to fill in the spousal visa application. From what I`ve read, I`ll then have to attend an interview at the US embassy. Judging by what I`ve read online, Ill be refused a visa.
If I`m refused, I think I may have the option of applying for a visa waiver. If so, what type of waiver would I apply for?

I have the opportunity to work in the US too, eventually buying out the owner. The business employs 15 people. So it would be me and my wife owning it. So I would be contributing something positive to the economy.

Has anyone recently applied for a visa or a waiver and succeeded? If so, could you please help?

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Old 18th May 2020, 04:48 PM
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I would recommend that you consult an immigration lawyer as you have a couple of issues with your situation:

- having the criminal conviction and the suspended sentence.
- not having declared such conviction on your ESTA applications.

You will need to apply for the spouse visa, get rejected, and then apply for the waiver.

This will take time, effort and money. The spouse visa application alone (if the London Embassy is still closed for Direct Consular Filing) could take 12 months or more.

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Old 23rd May 2020, 12:47 AM
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I have a couple of criminal convictions, much less serious than yours and when I was applying for my visa, our lawyer said that an even bigger problem would be lying on the application to say that I didn't have any convictions.

CIMT is a very grey area. I felt my own convictions didn't even come close to this description (nowhere near at all!!), but again our lawyers said you simply MUST declare it. The US does not have the notion of a Spent Conviction either. If the USIC were looking for any reason not to grant you a visa, it would be easy for them to do so. The last thing you want is to be in front of them at the interview and you say you don't have any, and they pull up your criminal history. In any case, you have to provide your police certificate and/or Enhanced Subject Access Report when you apply. So they will know/find out about them when you apply. my advice...don't lie.

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