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I have a few questions regarding immigration to the USA.

I have a few questions...

I have a few questions regarding immigration to the USA. I'll go over some details and give you the problems I'm facing. Ok, so I am a UK citizen, born and lived in England my whole life. I have an American girlfriend who currently resides in the states. She was born in the USA. Now my problems are as follows; I have some UK criminal convictions from 4 years ago now when I was in my twenties.

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Customer reply replied 2 months ago
The convictions are; 'Intent to supply Cannabis (28 grams)' and 'Intent to supply Ketamine (7 grams)'My questions are basically around my chances and the procedure towards moving to the USA? Me and my girlfriend are not married but we do have a child together.We both now work in secure professional jobs, I work as an accountant in England and she is a PA in the USA. From reading online, I've heard of various ways from being transferred through work, to being married to my girlfriend who's a US citizen, to also investment in the US - which in the next 2 years is a real possibility that I could invest in the states.We're now at a stage where we need to be together and would like to know the steps towards this, and if this is possible of course with my convictions.Many thanks in advance
Answered in 6 days by:
1/2/2018
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,214
Experience: Private practice in several areas, including immigration
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I am sorry to hear about this situation. Please tell me how old these convictions are?

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Customer reply replied 1 month ago
Hello Ely,Yes the convictions are coming up to 4 years old right now.Could I also add in another questions with regards ***** ***** girlfriend giving birth in the UK and the procedure for that?

Sure. Please ask everything at once. I will then try to cover it all.

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Customer reply replied 1 month ago
Ok sure. So we have just found out she is pregnant again with our second child. And we're thinking about having this child born in the UK. I've read that my girlfriend would need sufficient insurance in order to give birth in hospital and via the NHS. But we are unsure on the visa she would need? And if she has the right to remain after giving birth in England? Or is it a position where she has to have work in place or myself sponsor her etc?

Thanks. There are several different ways to come to USA, and of course they may arbitrarily be divided into:

1) Visa lottery
2) Education (mostly non-immigrant but hold strong possibilities for receiving a greencard based off job offer post-graduation in specific fields)
3) Employment
4) Marriage
5) Asylum

The visa lottery is a program where individuals are randomly picked by USCIS. The chances of winning this "greencard lottery" (as it is known) are slim.

Education allows an individual to come and study in the USA for a period of time, and sometimes, the individual may be able to receive employment by a US sponsor employer, although there are no guarantees.

Employment is generally considered a painstaking process and unless you have a technical degree or medical degree - along with a job offer - there is really little possibility of actually getting a visa based on employment. The bar is set very high.

Marriage is the "easiest" assuming that the marriage itself is genuine. USCIS will review the petition for genuineness. Some get rejected. I'd say your would likely be approved since there are already CHILDREN with the mother.

Asylum is not applicable since you live in UK - a first world, tolerant country.

The issue here is with the convictions. With any permanent visa application, one wants to file an I-601 waiver, asking USCIS to waive the ban due to convictions. A lot of times, if the conviction is not for a violent crime, it will get waived - although there is no formal guarantee and "percentages" cannot be given - it is on a case by case basis.

Unfortunately as for the child, I cannot say. You have to ask the UK immigration question specifically in the UK Immigration Category to get a UK expert. My apologies.

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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,214
Experience: Private practice in several areas, including immigration
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Ely and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 1 month ago
Ok so with the marriage part of this, would it be more favourable for me to marry in the US. If this is the case, I have to apply to USCIS before hand? If this gets rejected am I likely to be permanently barred from the USA?And finally with my convictions, is it likely I will be rejected? I have heard some drug charges make someone permanently 'inadmissible' to the US straight away? Do I not fall into that category?

It does not matter where you marry. I'd marry first, then apply. No, you would not be barred permanently if the visa is denied; you can try again.

I am afraid that I cannot give percentages - this information is simply not available. All I can say is that your chances ARE GOOD. Drug convictions are treated VERY differently depending on the circumstances.

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