UK Citizen with a record wanting to move to US for girlfriend.

[WeAllHuman 0]

Hello,

I have seen other threads on here similar to our situation but not exactly, so basically I will list the important stuff, which people ask for when helping answer others questions.

Me and my girlfriend have been dating for over 3 years, I told her about my conviction she was okay and still loved me for my stupid mistakes.

My conviction is a sexual offence type. It happened when I was young (18) and it was for having indecent photos of minors (what I did was very stupid that I regret and I am going to be punished all my life) ( I can go on with the sympathy act) but I'm just here for help for those willing to provide it to two people one a stupid person who is in love with a beautiful kind girl who loves him insanely much back.

So Listing other things from what I have seen online.

I never did any jail time for my crime. just 2 years probation which I completed almost 3 years ago. and 5 years on the UK sex offender registery which I have almost finished too. but we are planning for the whole marraige thing after this 5 year is done. since our plan is for us to both live in America and start our first proper chapter in our lives.

we are both over 18

She has visited me in the UK, so we have proof I guess that we have met and are in love? she has 5000 photos they can freely look over from her trip. and she has also saved our messages from when we met, but really I dont think this part would be a issue, since we do love each other and it's not a scam green card marriage.

she has been doing a lot of research about all this and has phoned a dozen places to ask, she feels confident my past won't be a issue. but she is really optimistic where I am someone who isnt a realistic but i did to always see the bad in situations, Not sure what word I would use for that. But the threads Ive seen on here is, the person who is American is the one with the sex offence and the person who wants to go live in america with them is the law abiding one. which is kinda opposite of ours, since people say they reject the application since the guy could harm her?

I have also emailed a immigration lawyer person in america who answered questions for free I think, she seems the kind of person who gives bad news more then good, from the answer's I saw her posting on other peoples questions, thats why I picked to email her to maybe get a realistic answer. Also I have been seeing people say in hard situations like this is to get a good lawyer on immigration, but since I have a conviction like mine we punish people like me which I agree we should! it's hard for me to get a good job, but i am in a decent situation where i'm not homeless, and the money I have saved up is for flights/ the wedding (not proper wedding the courthouse type) and other applications that cost fees plus couple months payment on a apartment if everything was okay for me to live there with her she is also saving. since we know we still have almost a year to get ready. so im not sure how much a lawyer would cost to help us with this situation, and if we could afford him.

but tell me if I have missed out anything, I feel like I have and havn't and adding pointless stuff that wasnt needed. My question really is, is there a chance over 50% to allow me to live in the country of the free?

[JFH 12,189]

You're actually quite lucky that your sentence was so light (considering the nature of the crime - in the USA someone committing the same crime would be looking at a double-figure sentence) and that the US has waivers for certain immigrant categories for people who would be otherwise inadmissible.

You were 18 so you don't qualify for an exemption based on age. However you were not incarcerated so that is in your favour. Was it just one conviction or multiple? If the maximum penalty for your conviction does not exceed one year then you should be ok. However, I'm pretty sure that in the UK the maximum penalty for having indecent photos of children is more than one year. In that case you'll need a waiver.

I am talking about spousal visas, by the way. I don't have any idea how it works for a fiancé visa but I think you will have better luck convincing them that you are genuine if you get married first and then apply. With the spousal visa you will be able to work right away. You won't with a fiancé visa.

Our situation is the other way round. My husband is the USC and he committed theft in 1990 in the USA. He spent time in prison and was successfully paroled on his first attempt. Because he was sentenced to more than 3 years (even though he served less than that in prison before being paroled) he has a lifetime ban from the UK with no waiver possible. Despite being married to a British citizen and this having happened 26 years ago. I do like to remind Daily Mail types of this when they say the UK is too soft on criminals and we need to be "more like America". If we adopted the US approach we would be letting more criminals in with the waiver scheme. If I had committed theft 26 years ago I wouldn't have a lifetime ban from the USA. It would be more difficult to get in, as you will experience, but by no means impossible.

The "land of the free" locks up more people than any other country in the world and one in 8 people in the USA will spend at least one night behind bars at some point in their lives.

I do urge you to get a good lawyer - not a free one. One that specialises in waivers.

[WeAllHuman 0]

You're actually quite lucky that your sentence was so light (considering the nature of the crime - in the USA someone committing the same crime would be looking at a double-figure sentence) and that the US has waivers for certain immigrant categories for people who would be otherwise inadmissible.

You were 18 so you don't qualify for an exemption based on age. However you were not incarcerated so that is in your favour. Was it just one conviction or multiple? If the maximum penalty for your conviction does not exceed one year then you should be ok. However, I'm pretty sure that in the UK the maximum penalty for having indecent photos of children is more than one year. In that case you'll need a waiver.

I am talking about spousal visas, by the way. I don't have any idea how it works for a fiancé visa but I think you will have better luck convincing them that you are genuine if you get married first and then apply. With the spousal visa you will be able to work right away. You won't with a fiancé visa.

Our situation is the other way round. My husband is the USC and he committed theft in 1990 in the USA. He spent time in prison and was successfully paroled on his first attempt. Because he was sentenced to more than 3 years (even though he served less than that in prison before being paroled) he has a lifetime ban from the UK with no waiver possible. Despite being married to a British citizen and this having happened 26 years ago. I do like to remind Daily Mail types of this when they say the UK is too soft on criminals and we need to be "more like America". If we adopted the US approach we would be letting more criminals in with the waiver scheme. If I had committed theft 26 years ago I wouldn't have a lifetime ban from the USA. It would be more difficult to get in, as you will experience, but by no means impossible.

The "land of the free" locks up more people than any other country in the world and one in 8 people in the USA will spend at least one night behind bars at some point in their lives.

I do urge you to get a good lawyer - not a free one. One that specialises in waivers.

Thank you for your advise and input, will pass it on to my GF too, I'm trying to consider all the possible ways, just want everything to hopefully work on first try, getting a good lawyer is prob the best way then. The legal system is just bad in every country I guess, my punishment is light I guess they told me if I was 25 it would of been way more serious, so they did factor my age a bit, but few months ago I saw a news artical about a Eaton pupil who got off free for I say a really worser crime then mine, because his dad was a really rich lawyer, so makes me think if I used all my savings and my mums for the same lawyer if I would be free like him, but on the other hand he was in the media a lot with a lot of people being mad he got off, and I just had a tiny spot in the local paper which I was so lucky no one read, In the end you get ###### either way, in all crimes, it's not consistant. Ive never really talked about this much before, hate talking about it to my GF i know she loves me no matter what but just dont wanna remind her how stupid I was or how bad of a person I am, I'm just gonna try not let her down, She told me you always hear people's stories of them going to america with $1 and becoming millionaires so how hard can it be to just come there normally.

[Ringo 21]

Thank you for your advise and input, will pass it on to my GF too, I'm trying to consider all the possible ways, just want everything to hopefully work on first try, getting a good lawyer is prob the best way then. The legal system is just bad in every country I guess, my punishment is light I guess they told me if I was 25 it would of been way more serious, so they did factor my age a bit, but few months ago I saw a news artical about a Eaton pupil who got off free for I say a really worser crime then mine, because his dad was a really rich lawyer, so makes me think if I used all my savings and my mums for the same lawyer if I would be free like him, but on the other hand he was in the media a lot with a lot of people being mad he got off, and I just had a tiny spot in the local paper which I was so lucky no one read, In the end you get ###### either way, in all crimes, it's not consistant. Ive never really talked about this much before, hate talking about it to my GF i know she loves me no matter what but just dont wanna remind her how stupid I was or how bad of a person I am, I'm just gonna try not let her down, She told me you always hear people's stories of them going to america with $1 and becoming millionaires so how hard can it be to just come there normally.

I feel like you are minimising possessing indecent images of minors.

[NigeriaorBust 4,087]

Because this crime is reated to a sex offense you are going to have one heck of a time You are going to have to confince immigration that you will never harm another minot again. Do you have proof via counsoling that you are cured of your " unnatural" desires ?. Sex crimes against children are treated very seriously.

[LionessDeon 2,060]

On the waiver tip, I can tell you that a fiance is a qualifying relative. My fiance was approved for his I-601 for a crime on his record from 10 years ago.

That being said, it was not a crime of a sexual nature or involving minors. I would have your GF contact Lizz Cannon. She is a very reputable and experienced immigration waiver attorney. She gives free consults. Your GF can contact her with the details and she will give you her very educated advice.

Edited August 19, 2016 by LionessDeon

[kzielu 1,144]

Doesnt it fall under AWA ? In think it does, and he probably can (fortunately) forget about immigrating anytime soon, if ever.

[Cheezees 1,514]

Thank you for your advise and input, will pass it on to my GF too, I'm trying to consider all the possible ways, just want everything to hopefully work on first try, getting a good lawyer is prob the best way then. The legal system is just bad in every country I guess, my punishment is light I guess they told me if I was 25 it would of been way more serious, so they did factor my age a bit, but few months ago I saw a news artical about a Eaton pupil who got off free for I say a really worser crime then mine, because his dad was a really rich lawyer, so makes me think if I used all my savings and my mums for the same lawyer if I would be free like him, but on the other hand he was in the media a lot with a lot of people being mad he got off, and I just had a tiny spot in the local paper which I was so lucky no one read, In the end you get ###### either way, in all crimes, it's not consistant. Ive never really talked about this much before, hate talking about it to my GF i know she loves me no matter what but just dont wanna remind her how stupid I was or how bad of a person I am, I'm just gonna try not let her down, She told me you always hear people's stories of them going to america with $1 and becoming millionaires so how hard can it be to just come there normally.

We all make mistakes (especially in our youth). However it is quite disheartening to read that had you had enough cash, you too could have gotten off with your "lesser" crime. I am not naive enough to think that money doesn't talk. It does and it stinks. It is unfair that those with more major crimes can pay their way out of punishment. But that has NOTHING to do with you, your offnse, and your victims. Why on earth would you come here and wonder out loud "... if I used all my savings and my mums for the same lawyer if I would be free like him ..."? You don't deserve to be "free". You did not "get %!*&ed". There are consequences for actions and by all indications your consequences seem to have been much lighter than others. Your statement that "my punishment is light I guess" is repulsive at best. You are not a victim here.

[Harpa Timsah 13,258]

I am not sure this crime is waiverable. Even if it is you will be spending thousands of dollars on lawyers and it will be at least an additional year's wait if not more. This is not DIY territory.

It'd be a lot less painful if she moves to you.

Age of consent in the UK is 16 so you must had had pics of people younger than that...

[SunflowerSweet 1,321]

I am not sure this crime is waiverable. Even if it is you will be spending thousands of dollars on lawyers and it will be at least an additional year's wait if not more. This is not DIY territory.

It'd be a lot less painful if she moves to you.

Age of consent in the UK is 16 so you must had had pics of people younger than that...

Here I was telling myself maybe he just had a girlfriend he was in a consensual relationship with that was a year younger and he got punished for it like what happens here in the US sometimes...

I'm going to back away from this one..

[WandY 430]

I would have your GF contact Lizz Cannon. She is a very reputable and experienced immigration waiver attorney. She gives free consults. Your GF can contact her with the details and she will give you her very educated advice.

I would think twice about hiring Ms. Cannon or any immigration lawyer in the U.S. Why? Because there is nothing a U.S. attorney can do to expunge (erase/hide/delete) your foreign conviction involving a moral/sexual crime. Also, Ms. Cannon (and others) do not give "free" advice. By law, they cannot legally advise you without representing you. And to be represented, you have to pay. Ms. Cannon is not in the pro bono biz (free advice). By the way, her reputation is far from stellar.

Your chance of getting a green light to the U.S. is very low. We have enough sex offenders - don't need more.

[Merrytooth 5,748]

There is no such thing as expungement or sealing of criminal record in immigration world...

[WeAllHuman 0]

Thanks for the responses, was sure my chances were low to impossible, I will talk to my gf about it just wish she wasn't so optimistic about this working. If anyone wants to know what happens in a year or so ill come and post it on here. thanks for the help.

note: I did email Lizz Cannon, just to get a certain answer I am looking for, so me and girlfriend can consider her options on moving here instead,

(to cheezees I know I shouldn't be free for what I did, the path I walked down on is wrong, thankfully I am on the right one and moral one now and will be the rest of my life, sorry if I made it sound like I should be free of what I did if I choose to pay my way out, I am far from being a victim sorry if I made it sound like I was)

Edited August 19, 2016 by WeAllHuman

[BenjaminKeating 114]

I was under the impression that there were absolutely no waivers for paedophiles/sex crimes and also serious drug convictions.

There is a list of waiver-able offences on the USCIS website and I'm fairly certain your crime will fall under a category where a waiver is available.

I genuinely think it'll be easier for her to move to you. People give the impression that if you get a lawyer you'll get a visa... Far from true. You're just going to lose a lot of money and be very disappointed at the end of it.

You did what you did, I'm not going to give an opinion on that as this is an immigration forum but that conviction is going to follow you for the rest of your life from an immigration stand point.

[Boiler 43,363]

Lizz Cannon would be a good start and a straight shooter. I believe she is still doing a free initial consultation.