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johnccollins
04-02-2005, 02:22
Hi, does anyone know the situation if we wanted to move to Florida with me having a criminal record. I already have a visa to visit the country, but would i be able to say get a business visa?

blott
04-02-2005, 02:50
Hi John welcome to the forum!

Here's one of the forms required for a non-immigrant visa - a DS-156 (I'm assuming that you may be applying for an E1/2 or L1/2 visa?) which asks:

38. IMPORTANT: ALL APPLICANTS MUST READ AND CHECK THE APPROPRIATE BOX FOR EACH ITEM.
A visa may not be issued to persons who are within specific categories defined by law as inadmissible to the United States (except when a waiver is obtained in advance). Is any of the following applicable to you?

* Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

Yes No

* Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?

Yes No

* Do you seek to enter the United States to engage in export control violations, subversive or terrorist activities, or any other unlawful purpose? Are you a member or representative of a terrorist organization as currently designated by the U.S. Secretary of State? Have you ever participated in persecutions directed by the Nazi government of Germany; or have you ever participated in genocide?

Yes No

* Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?

Yes No

* Have you ever withheld custody of a U.S. citizen child outside the United States from a person granted legal custody by a U.S. court, voted in the United States in violation of any law or regulation, or renounced U.S. citizenship for the purpose of avoiding taxation?

Yes No

* Have you ever been afflicted with a communicable disease of public health significance or a dangerous physical or mental disorder, or ever been a drug abuser or addict?

Yes No
While a YES answer does not automatically signify ineligibility for a visa, if you answered YES you may be required to personally appear before a consular officer.

https://evisaforms.state.gov/ds156.asp?lang=1

I'm not sure, therefore, whether anyone apart from the Embassy can answer your question as it really depends on your interview. However, if you have been issued with a B1/2 visa, I can't see that it's likely to be too much of a problem, although I can't definitely say that it won't be.