P-1/O-1 Visa client inquiry when in the U.S. but has a criminal issue?

Customer inquiry regarding sports visas and past criminal history

I want to apply for a VISA for my son and wife.

I was in Las Vegas already with the ester visa. Because I want to Fight in America, it would be best for me to have a sports visa.

My son is also a talented boxer. You can check our social media accounts and Google news. I am verified on Instagram. I had training and sparrings with some of the world’s best boxers. Soon I am invited to the training camp for a world-title fight.

Because I had some Problems with the Police, I received a suspended prison sentence because of a violation of the gun law.

They revocated the probation, so they took me to prison but in an open execution from for six months.

I was already in Las Vegas with my suspended sentence and there were no Problems.

My question is, will it be a problem to get the Sports Visa because of those reasons?

Response from P-1 visa attorney at Sherrod Sports Visas

Hello, Thank you for contacting our Sports Immigration law firm. We will address your inquiries in three steps; what is your best option for a sports visa to work in the United States? What is your best chance to deal with police issues? What is the best choice for your son?

What is the best sports visa option for a famous boxer with a criminal history?

Two visa options are best to consider in your circumstance, the P-1 or O-1 visa (https://www.sherrodsportsvisas.com/o1-or-p1-visa). For several reasons, the O-1A visa for athletes with extraordinary abilities is better than the P-1 visa. The O-1A visa allows for much more flexible work authorization and is easier to obtain these days when there is no current fight already lined up. Because the athlete obtained championship status with both BDB German Federation and the World Boxing Federation, O-1 visa eligibility is obtainable. 

Furthermore, obtaining an O-1 over P-1 visa allows essential support staff visas with a more extended initial validity period than the P-1 visa. O-2 visas receive the full length of the original O-1 visa, while P-1S visas only receive one year. 

Ultimately, if you decide that the O-1 is not the option you want to do, the P-1 visa is still an option under these circumstances.

What to do about Criminal Record after traveling on ESTA Visa Waiver

Because you traveled to the United States on an ESTA visa waiver, traveling without a visa, there is no underlying visa to change your status to P-1 or O-1 visa. If you traveled to the United States on a visitor visa, you would have been able to change your visa status from the B-1 to the O-1 and P-1 visa without leaving the United States, and the criminal issue would not be an issue. Criminal issues are typically not a problem during the application process with USCIS. When you do a visa interview to enter the United States, the criminal issue becomes problematic.

You will need to consular process your visa after approval to obtain the new status on your passport (https://www.sherrodsportsvisas.com/consularservices). Consular processing involves setting an appointment with a United States Embassy, and you must divulge the criminal issues during this process or risk facing even bigger problems down the line. 

Because you could travel on ESTA, this means either one of two things. You already had an ESTA visa waiver before the activity, and the entry point did not pick up on the criminal activity before you traveled. Second, you applied for ESTA visa waiver after the illegal activity, and the information was not divulged, or the consulate did not deny the application because of it. 

You must apply for a 212(d)(3) waiver at the consulate during your interview. The Department of State will review this file while you are under administrative processing. In our experience, your situation is manageable, but ultimately, the decision will be up to the department of state. We have information at the following link to learn more about this process: 

https://www.sherrodsportsvisas.com/212fwaiver, https://www.sherrodsportsvisas.com/212-d-3-for-p-1-best-practice, https://www.sherrodsportsvisas.com/using-waivers-for-p-1-and-o-1-denials.

What is the best visa option for a son who is a minor-aged boxer?

When a parent obtains an O-1 or P-1 visa, the son can always get an O-3 or P-1S visa. This visa allows them to live in the United States and attend school. This visa does not permit young athletes to work in the United States. If the minor would like to take advantage of paid opportunities, obtaining an O-2 or P-1S visa would be more appropriate as essential support staff of the parent, who is the principal visa holder. 

An adequately structured O-1 and O-2 visa combination offers the most flexible work authorization for the son. Because the O-1 visa can contain more work activities than the P-1S, the O-2 essential support positions associated with the principal O-1 can be more flexible ( https://www.sherrodsportsvisas.com/o-1-o-2-visas-for-competition-teams-rather-p-1-visas)