B1 Visa with criminal history

[random1983]

Dear all,

I am a senior professional about to embark on a new role for a multinational company with offices in London, NY, and Asia. I am a UK citizen based in London and my job would require some travel to the US to meet with local teams.

However, I'm stuck in a difficult position as I have an ongoing criminal matter in Australia (where I lived for several years) which I'm unable to resolve due to my current financial and employment situation.

The charges against me is Stalking and Theft. This happened over 3 years ago and I had to leave the country as I was unable to support myself and defend my name with a robust legal team.

I've previously held a working visa for the US in early 2003, this was obtained as part of a theatrical tour I was working for at the time.

My biggest worry right this moment is that my unresolved criminal history in Australia would prevent me from obtaining a B1 visa. I really need to travel to US for my work as my position is both senior and highly visible.

I have no previous criminal record in the UK or any other criminal matter elsewhere in the world. Unfortunately I am unable to return to Australia for now due to my financial and employment situation, though I would seek to do so sometime in the future as I do intend to clear my name.

But without this new job, I'm afraid I don't see how it will be possible financially to return and sort everything out.

Any advice, experience, and useful tips on the chances of getting approval for visiting the US and see my local team there would be greatly appreciated.

Many thanks,

Random London Guy

[inadmissible]

you are not going to get any constructive help, if you cannot be honest and clear about your situation. read Section 212 of the Immigration and Naturalization Act. If you cannot afford an attorney to figure this out for you, you need to do a lot of research and homework to figure out if you are eligible for an American visa.

[random1983]

you are not going to get any constructive help, if you cannot be honest and clear about your situation. read Section 212 of the Immigration and Naturalization Act. If you cannot afford an attorney to figure this out for you, you need to do a lot of research and homework to figure out if you are eligible for an American visa.

Hi there,

Thank you for your message on section 212. I've read this and all I can see is the following which is somewhat applicable to my situation.

(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

I'm unable to be clearer about my situation as I need to maintain my privacy on a public forum. I hope this doesn't cause members on this forum any distress in attempting to provide useful answers to my situation. I can afford an attorney to figure this out but I wanted to reach out to those experienced in the matter to share their advice if any can be afforded in this public forum.

Many thanks however as I do appreciate that this is no simple matter for consideration as I'm in a holding pattern with regards to the outstanding charges. I'm not sure if there is any provisions for a person with my current situation to permit travel for business reasons which is an enabler to eventually gaining the resources needed to fight the pending court case.

Regardless, any feedback is greatly appreciated. I do need all the help I can to afford myself this opportunity to move on with my life somehow. Thank you for your time.

Regards,
Random London Guy

[inadmissible]

You have not been convicted, so the only question is whether you committed the crime. I expect the consular officer to ask you that question. A false answer will make you ineligible for a visa for, like, forever. There is a waiver available for both criminal actions and lying to immigration officers, but it is a very high bar. Try not to make your situation worse than it already is.