Married on vwp and staying in america?

[Tank2014 0]

Hello everybody,

I don't know if I post this good but I have a question.

I'm a mom with 2 kids and been to america on vwp once alone.

Now I'm again in america with children on vwp and got married yesterday.

This morning I started reading about vwp and the possibility to stay here now and get a visa or something so I don't have to go away again.

But then I saw something where I really messed up. I've been here on a vwp while I have a criminal record which I didn't thought it was important for the esta.

In 2008 when I was 18 my ex set me up to embezzlement and a week later I went to the police station to tell what I had done. I couldn't sleep from it. I got convicted to pay a fine and 70 hours working.

Did all that and in 2010 I was with my ex while he stole 2 bottles of whiskey from a store.. we had to pay the bottles back to the store and a fine after court from 100 euro.

Now I know it was moral turpitude and I'm really scared. What to do?

What kind of visa can i apply for and will it be denied?

[Hypnos 6,578]

It sounds as if you have two CIMT convictions. This is a problem.

Presumably you didn't declare these on your ESTA applications? Question B asks:

"B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

If you answered "No" to that, then you could have serious problems. You should consult with an experienced immigration attorney immediately, and do not file anything until you do so.

Edited May 29, 2014 by Hypnos

[Boiler 46,188]

They certainly sound like CIMT's.

[Harpa Timsah 13,258]

Do NOT attempt to adjust on the VWP. It seems you are not allowed to use it in the first place, so trying to gain a benefit from it will be a disaster. Go home and pursue a spousal visa: you might have consequences for your CIMTs for that too, but they will be less than trying to file from within the US.

[Boiler 46,188]

You can do an in country 601 but definitely Lawyer territory.

[Harpa Timsah 13,258]

You can do an in country 601 but definitely Lawyer territory.

Yes for CIMTs, but adding in illegal use of VWP and material misrep for that? She should not be here in the first place: it basically means that she did not enter legally, and that is a requirement for AOS.

Edited May 30, 2014 by Harpa Timsah

[Boiler 46,188]

I would be loath to say one way or the other except that it should be investigated.

[Tank2014 0]

I'm leaving and going for cr1 thank you

[Hypnos 6,578]

Bear in mind that leaving will not automatically fix your problem if you misrepresented yourself on any previous ESTA applications. The embassy may well still ding you for material misrepresentation, which is a lifetime bar from the US. There is a waiver available in that situation, but you would need a lawyer.

Edited May 30, 2014 by Hypnos