Hello

[BillH77 0]

Hello,

I am a UK citizen. I run a technology consultancy business with a subsidiary in the US. The US subsidiary is run remotely, using an in-country manager who works for me on a work-for-hire basis. Many of my clients are US-based and I am increasingly receiving requests to visit clients in the US. There is also a natural desire to oversee the US operations and check what is going on, etc.

The problem is, I have a criminal record. The offence was tax fraud, for which I received an 18-month sentence. That was my punishment and I make no excuses.

I complied fully and I completed all sentence requirements seven years ago. The actual offences were committed ten years ago.

I took various education courses while in prison, which eventually led to two university degrees, in physics and mathematics, and in computer science - both first class honours. I then also obtained a professional qualification in my technical field.

The UK end of my business employs eleven people. The US end of my business employs six people.

I have complied with all UK and US tax requirements. I have never committed offences against the US government/IRS or against US interests and I have committed no further offences in the UK.

Tax fraud is undoubtedly a CIMT, and so looking at my options, I am ineligible for the Visa Waiver Program if I just want to visit. I would therefore need a business visitor visa (B2, I think) - and, for a longer stay, an intra-company transfer visa (L1, I think). I have never travelled abroad, let alone to the US, so there is no background here of immigration fraud, and I have no intention of entering or staying in the US unlawfully or illegally.

As I see it, I have two main problems:-

1. Criminal record - I am not yet eligible to apply for an immigrant waiver of inadmissibility, but can I still apply for an L-visa using a non-immigrant waiver? If so, what are my chances overall, given my record? Would I be better starting with a non-immigrant waiver for a B2 visitor visa, then progress to an L-visa later?

2. "Immigrant intent" - given I have a business in the US, is there a risk the Consular Officer or a CBP officer will deem me to have immigrant intent and thus needing an immigrant waiver, so back to square one? As a matter of fact, I can demonstrate substantial ties to the UK. I am a native British citizen and I have never travelled abroad. All of my property interests are here, and my business is rooted here in the UK. I am very happy in Britain and there is no desire on my part to settle in the US permanently.

I'd appreciate some advice on my chances and any pointers as to where I go from here, and whether there are lawyers that people on here can recommend who can look at this.

Thanks in advance to anyone who can help,

Bill.

Edited July 29, 2012 by BillH77