Criminal Record - Want to live in the US.

[srichar3]

Me and my wife are looking at moving to the US we both have employment that would make it easy to do so. My wife is an intensive care nurse and im a medical laboratory technition with all the relevent qualifications/experiance. The only issue is I have a few items on my criminal record all minor offences but im worried what impact this may have. The first is in 1996 I was convicted of theft. this was a minor offence for which I was given a conditional discharge. The second was a caution for drunk and dissorderly in 2000. Then in 2003 I was convicted of a public order offence, another silly minor offence which was delt with by a small fine.

Does anyone know if this would automatically mean I would be rejected for a migrant visa?

Any info greatly appreciated.

Regards Steve

[Marco 72]

There is something called the "petty offence exception" but whether or not you qualify probably depends on whether your other offences were "crimes of moral turpitude" (as theft is). You need to consult an immigration attorney: See www.aila.org.

I also doubt that your employment would make it "easy" for you and your wife to emigrate.

[sakura]

Has your wife taken the Nursing licensure exams for the US?

[srichar3]

I also doubt that your employment would make it "easy" for you and your wife to emigrate.

Im curious why you made this statement as I know lots of nurses who have migrated from the UK to the US on the basis of there jobs, they had all visa fees payed by the agencies with no upfront costs to them? My wife currently has a US nursing employment agency contacting her almost daily to return her her paperwork so they can process the visa for her. I doubt they would do this unless they are fairly confident of securing a visa for you.

The only worrying point is my blighted past, which as you say Theft is a crime of moral terpitude. From a bit of research it seems I need to apply for a "Waiver of Grounds of Inadmissibility" does anyone know if I can apply for this before applying for a Visa or do I first have to apply for a visa and see if im rejected? I noticed on the form it asks when you applied for a visa and what type?

Yes my wife has taken the NCLEX Exam.

Thanks Steve

[oldmedic]

Each state in the US has its own licensing requirements in order to be licensed as either a nurse or as a medical laboratory technologists.

NO nursing employment agency can issue a visa, that is only done by the government.

In general, a theft conviction would bara a person from entry to the USA. There are some exceptions, but your other "petty" offenses will not work in your favor.

There is only one way to be certain, apply for a visa. If you are turned down, then you can appeal that decision.

[Marco 72]

There are some exceptions, but your other "petty" offenses will not work in your favor.

Please post sources for this statement. We do not know if Steve's other convictions are CIMT or not. If they are not, there is a chance he may qualify for the petty offence exception. Only an experienced immigration lawyer can tell him.

[Marco 72]

Im curious why you made this statement as I know lots of nurses who have migrated from the UK to the US on the basis of there jobs, they had all visa fees payed by the agencies with no upfront costs to them? My wife currently has a US nursing employment agency contacting her almost daily to return her her paperwork so they can process the visa for her. I doubt they would do this unless they are fairly confident of securing a visa for you.

There is a yearly cap on H1B visas, which effectively turns the whole process into a lottery. Unless your wife's prospective employer is exempt from the cap (as some non profit institutions are) she may not get it.

Also, in case you can't obtain a visa of your own you'll have to use an H4 visa (spouse of H1B) which means you won't be able to work.