Work visa

[wjwren]

My son needs a work visa for his job(USA). His wife has a criminal record - it was a fine around 5 years ago of malicious communications. Would this likely affect his visa and would he need to declare anything? Has this conviction now been spent and does she still have a criminal record?

[paintman]

Is she travelling as well or just your son?

Rehabilitation of Offenders Act doesn't apply to the USA & she would need to declare it & provide documentary proof.

https://uk.usembassy.gov/visas/ineligibilities-and...

[wjwren]

Just my son only

[wjwren]

So if it's just my son then all ok?

[paintman]

If he's got no convictions then he's nothing to declare.

[jondude]

wjwren said:

So if it's just my son then all ok?

Yes as the 'criminal' won't be going to the US so the situation has not changed from their pov. She is still not a threat to national security as she is not coming to the US.

[dibblecorse]

Before he takes the role if he is planning on going out there and part of that is her ability to visit, may be worth spending c£15 for an ESTA which is the Visa ALL UK visitors need to get into the US.

[Matt Harper]

dibblecorse said:

Before he takes the role if he is planning on going out there and part of that is her ability to visit, may be worth spending c£15 for an ESTA which is the Visa ALL UK visitors need to get into the US.

Pedantic, maybe, but ESTA (Electronic System for Travel Authorization) is not a visa. It is a means to determine eligibility for the US visa waiver program - so literally the obverse of a visa.

If the OP's son is working in the US, he will require an employment based visa (you can't perform ANY work if you are here via the VWP). It sounds like his wife is not accompanying him - and if that is the case, her criminal status is of no consequence.