US Immigration: Can a UK national with a criminal record get a green card as spouse?

Question

If a UK national has a criminal record for a drink driving offence where he/she was banned for driving for a year but not sent to prison does this mean he/she can never get a green card to work in the US as spouse of a wife/husband on a working visa?

How strict are they? Is it people who have done prison time who will not be allowed in? Or does anyone with any kind of criminal record have no chance of being accepted?

Answer 1

The spouse of one who is in the US on a working visa may be eligible for a visa of their own to be with their spouse, depending on the kind of visa.

The most common working visa in the US is the H-1B and spouses and children of H-1B visa holders can have an H-4 visa, under which they cannot, however, work themselves, or have a social security number.

On the other hand, if your spouse has a green card, then your spouse may apply for you to join them in the US, however such a petition may take a couple of years to be processed.

Finally, a minor criminal offense like yours would not make you ineligible for a visa of your own. What matters most is that you are honest when answering questions on your past. When US immigration asks you if you have something on your criminal record, and you do, then you say you do. Honesty is of the utmost importance, and in your case, it is definitely not a problem.

Answer 2

1. u r not entitled 2 anything as a spouse of one on a working visa.

2. he/she must be American citizen

3. anyways - u gotta apply and be really convincing, because:

4. yes they are bloody strict

so good luck :/