Post: #1

Hi, if anyone has any experience with U.S immigration law I'd really appreciate your advice, either here or in a PM. Obviously I'm not going to detail my record on a public forum, but I'll tell you privately.

Basically, I want to go on a month or so long holiday in California, not to work, just a tourist. Now normally, I'd just lie on the visa waiver form on the plane, hundreds of Brits do this every day when they come over, however I have a small issue...

If I ever want or need to live/work in the States, then would they be able to see that I lied when I came on holiday? Which wouldn't exactly help my chances of being granted a visa!

My record isn't drug related (thank God, but it doesn't seem to be harming Russell Brand's work permit!), it's for fighting, but on more than one occasion. The last being in 2009. I'll go into more detail in a private capacity.

Anyway, should I just lie, or am I correct in thinking this visit would be logged and thus lying could harm my chances of working/living there in the future?

Post: #2

Teedub,

I just PM'd you with some resources that might help.

Post: #3

I read about this before going to the US last time... (2009) Now this is in Scandinavia and I called the authorities to check if my criminal record (almost clean, something very minor from back when I was 16) was available to the US immigration service. They told me no such info could be exchanged. Now I don`t know, but maybe after 9-11 the Brits and US as very close allies exchange more info between each other? I personally believe they just try to scare people to confess about your CR, and once you do, you will always be on their radar going through a shitload of bureaucracy every time you visit the US.

Post: #4

If your criminal record will stop you from getting a tourist visa, I can only believe it would be used against you on a work visa as well.

Post: #5

From my country, if you even, at some point in your life, have been convicted of something as small as stealing one mint, you are practically barred from entering the US for the rest of your life. I'm sure it depends on the country's status and such, tho.

Post: #6

I'm a law student doing an immigration law clinic for the summer. That said... I'm only a few weeks into it.

But generally, it depends on a lot of factors. Typical lawyer answer, I'm aware. Which country you're coming from makes a huge difference. What kind of work you are doing makes a huge difference. How much money you have to invest in your business/work can make a difference. The type of crime makes a difference. There typically aren't hard and fast rules that apply to everyone's case.

I have pretty much 0 information on your case, but if you are just coming for vacation from a well-off first world country, there is usually a no-questions-asked policy. And by that I mean, you don't have to get a visa before hand and get permission, etc. You can literally just hop on a plane and tell immigration you're here for vacation, and you get like 90 days. However, if you stay past that, you're fucked. And you can't apply for a visa while you are here. You must return home.

As far as coming on a vacation with a criminal record, then attempting to get a visa later... the criminal record can be a serious problem. But coming here on vacation before you apply shouldn't make a difference.

then again, I have a shitload to learn. i'm not an attorney yet.

Post: #7

What's up with all these lawless perpetrators trying to come to the U.S.?

Post: #8

@godowar
The question is what states automatically share info about their citizens criminal record with US? I think very few.

Post: #9

(06-22-2013 06:34 PM)Aliblahba Wrote:  What's up with all these lawless perpetrators trying to come to the U.S.?

I thought that was what Australia was for.

Post: #10

(06-22-2013 07:32 PM)The Pirate Wrote:  @godowar
The question is what states automatically share info about their citizens criminal record with US? I think very few.

automatically? i would confidently bet none.

governments are already overloaded bureacracies, they aren't going to have some automatic system like what you're envisioning.

the way they catch you is if you lie now on some temporary tourist visa saying you didn't commit a crime. then when you apply for something more serious, they will review your file and see you lied. this shit is a case by case basis though. for some visas it really doesn't matter. there are over 20 types of visas, and each can have sub-types.

for example... work visas have various levels. if you are internationally known scholar, athlete, etc... you are shooed in. if you are nationally known phD, JD, author, whatever, you are pretty much shooed in. if you are a normal somewhat skilled worker... there is a line a mile long. if you have a million dollars to invest in a business, you're in.

there's a certain key phrase they are looking for as far as crimes go, and it's something like "with malice." misdemeanors don't count, most felonies do. even then, there are waivers (such as you served time, took classes, there were special circumstances why you committed it, and they are gone, you volunteer to prevent the type of crime, etc...)

there is a reason immigration attorneys exist, and a reason they go to school for years. there really is no general answer. and even when you do your research yourself, there are often secrets practicing attorneys who know the system well have up their sleeves.

Post: #11

anyways, i think about this stuff every day, and it just poured out. I don't think I can honestly answer PM's question.

All I know is lying is often the worst thing you can do. I saw a mother be deported and separated from her family because she lied about the length of her stay (she had a tourist visa), and she later got caught and lied about citizenship too. HAD she not lied, she would have had a fighting chance at a later point. this way, she's never returning legally in any way, shape or form.

Post: #12

Ok...I have tons of experience in this area and lots of information. Basically,in the US...even American agencies don't share information - that is changing now but anyway, you have nothing to worry about. Do not complicate things by telling the truth. They will never know unless you provide that information for them.
The key is to keep consistent. Never change your story!
You will be fingerprinted on entry so don't get surprised.
If you ever decide to get a residence permit/ work visa in the US you will have to provide what's called a police certificate from you last place of residence showing you had no convictions.
Having convictions doesn't automatically disqualify you,it all depends on a type of benefit you applying for. They will not have such information like what you providing on your previous visits. If you want to know what they have on you - do a FOA request ( it's free) and you'll have all info they got on you . That takes about two years to get though.
Godofwar was spot on everything too by the way.

Post: #13

The MAC and IP number correlated with your posting on this message board has already been cross-referenced with your real identity, and your confession has been indexed by NSA and GCHQ. So you're screwed.

Seriously, it's not that easy to get a work permit or permanent residence in the USA anyways, and I would worry more about how I would fulfill the limited conditions under which you would be able to get one. How do you get the skills, the connections, etc.

I think the phrase Godofwar was looking for was "aggravated felony." Drug distribution and domestic violence charges are included.

Also check to see whether you have a criminal record at all. In many European countries, small infractions like fist fighting are dealt with as civil fines. Unless you did a month in gaol, you might not even have a conviction. Only convictions or final pleas count, not arrests.

Post: #14

^ No, I have actual convictions.

I think I'll just try to get a visa, I could just lie on the waiver form on then plane, but as I said that may affect me in the future. Thanks for all the responses.