John, a close friend of mine (I am not at liberty to disclose his last name) has a criminal record in the United Kingdom, which involves:-
1) Arrested, detained, and cautioned for collecting money without a license in the UK in Feb. 1994.
2) Arrested for domestic violence in Feb. 2007, but subsequently de-arrested because his family didn’t wish to pursue a complaint (which is still traceable by a Criminal Records Bureau Enhanced Disclosure in the UK).
3) Arrested, detained, and cautioned for criminal battery in the UK in April 2007.
John has always been fascinated with America and he is desperate to emigrate for political reasons. In order to do so, he needs to obtain a "Waiver of ineligibility" in connection with his criminal record. However, any port of entry could still refuse him on discretionary grounds. Moreover, John is concerned his criminal record might be extensive enough to have him permanently debarred from obtaining a Green Card, which is a permanent immigrant’s visa to the US. Legally speaking, it’s impossible to become a US Citizen unless you’ve been a lawful permanent resident for at least 5 years prior to one’s application to become a US Citizen.
As a friend, I have tried my best to help John in this matter. John is unable to pay the requisite fees to consult a US immigration lawyer in the UK. I have offered to lend him all the necessary monies to allow him to consult Gudeon & McFadden US Immigration Lawyers in London; but John is a proud man and he has outrightly rejected my offer to lend him this money.
I myself have a limited knowledge of US Immigration Law, which is based on a few information available on the web.
As I understand, certain individuals with a criminal background could still be theoretically rehabilitated over a period of 15 years provided they have immediate family in the US e.g. spouse or dependent minors who are either Permanent Residents or US Citizens. John is previously divorced with no children, but he is seriously considering the possibility of joining an American expatriate organization in this country in order to marry a US citizen, which would afford him the option of being rehabilitated over the next 12 years (given that his most recent criminal offense was committed in April 2007). However, I believe that only certain categories of criminals can be legally rehabilitated according to US immigration law, which depends on the seriousness of one’s overall criminal background. Hence, I am not sure whether John would be eligible for rehab. under the circumstances of his criminal background.
Moreover, I am advising John about a further option, which is to gain entry to the US much sooner on the grounds of hardship to his immediate family in the US i.e. spouse or dependent minors under the age of 18 years. I understand that US Congress provides a facility for individuals with a criminal record to obtain a US Green Card on the basis of alleged hardship to the individual’s spouse or dependent minors. However, John is also concerned about the social stigma attached to any claims about alleged hardship to his family, because he says it would be tantamount to "begging" for clemency from the US Department of Homeland Security. Last but not least, John is concerned no decent American lady would willingly choose to get involved with somebody of his background, knowing full well it would require her full cooperation with regards to filing for his entry on the basis of hardship on her behalf or on behalf of any future children born in the US – no decent, intelligent or educated female would be complicit with such an arrangement, which would require her to go completely out of her way to ensure such a plan would have any hope of success. My dear friend is concerned no decent woman would accept him now in connection with his criminal record, which would almost certainly prevent his entry to the US in the short term – that is, nobody but "trailer trash" would go along with such a hair brain scheme as this.
I would appreciate a definitive response from any individual (i.e. either a student or US attorney) who is legally qualified to advise on this subject. First, is it legally possible for somebody with John’s criminal history to be rehabilitated over the next 12 years? Second, is there any social stigma attached to filing for entry to the US on the basis of alleged hardship to one’s immediate family? Third, is it probably the case my friend will never be able to find a nice, decent or respectable lady who would accept him in light of his criminal background and extraordinary steps she would have to undergo to affect his short term entry to the US – it seems no intelligent woman would be prepared to go along with such an arrangement as this?
Last but not least, would it be beneficial for my friend to join the Freemasons in order to receive preferential treatment by senior officials in the US Department of Homeland Security in connection with his inten
Last but not least, would it be beneficial for my friend to join the Freemasons in order to receive preferential treatment by senior officials in the US Department of Homeland Security in connection with his intention to legally enter the US, which is in light of his criminal background – i.e. to what extent could the Freemasons bend the rules to allow my friend to legally enter the United States? Please give reasons to support your answer.
