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F-1 student and two misdemeanors

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  • F-1 student and two misdemeanors

    I used to be a student in the US between 2001 and 2007 and i returned back to my home country( Egypt). I will be going back to the US for graduate school in January.

    so what is the problem ? ....the problem is that in 2003 i got arrested for attempting to enter a bar with a false id(i was 19 back then) ,got a $300 ticked and had to show up in court.

    Also in 2006 i was fined by the cops for throwing a loud party and got fined and had to show up in court.

    well right now i was looking the non immigrant form and i noticed this question

    "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?"

    should i answer yes to it and if so will that prevent me from getting the visa ?

  • #2
    I used to be a student in the US between 2001 and 2007 and i returned back to my home country( Egypt). I will be going back to the US for graduate school in January.

    so what is the problem ? ....the problem is that in 2003 i got arrested for attempting to enter a bar with a false id(i was 19 back then) ,got a $300 ticked and had to show up in court.

    Also in 2006 i was fined by the cops for throwing a loud party and got fined and had to show up in court.

    well right now i was looking the non immigrant form and i noticed this question

    "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?"

    should i answer yes to it and if so will that prevent me from getting the visa ?

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">should i answer yes to it and if so will that prevent me from getting the visa ? </div></BLOCKQUOTE>

      Yes. You should always tell the truth. Not sure if it will prevent you from getting the visa, but getting caught in a lie will surely prevent you. Good luck.

      Comment


      • #4
        You have to reply yes to that question. It won't necessarily prevent you from getting the visa. I don't think either crime is considered a CIMT (read all about it here). Make sure you have all the court records and proof they were dealt with. Were you ever out of student status while here?
        "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

        Comment


        • #5
          Thanks ProudUSC and Brit4064 for your answers.... Brit4064 i got out of status in my last semester in the US and i left the US in less than month after i got out of status ....

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">left the US in less than month after i got out of status .... </div></BLOCKQUOTE>

            I believe as long as you leave within 180 days of going out of status, you accumulate no unlawful presence in the US. If I am wrong, I am sure someone will stop by to correct me.

            Comment


            • #7
              Two criminal convictions and out of status. No visa for you.

              Comment


              • #8
                There used to be a 30 day grace period allowed beyond the expiry date for most visa types including student visas. That may have changed with the SERVIS reporting system. I assume it said D/S (Duration of Stay) on your I-94? You might wanna check with a good immigration lawyer to make sure you were never recorded as out of status.
                "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                Comment


                • #9
                  Well i got out of status but not because i finished school i was out of status because i didn't register for classes in spring 2007 ... i was informed that i was out of status by the international office in April 2007 and i left the US in may .... i transferred to a different university in Egypt .... is there a way to know when did i exactly get of status ? and i don't believe that i still have the I-94 Card or the I-20

                  Comment


                  • #10
                    Retrieving a lost or get a replacement I-94 card here

                    File a FOIA on Immigration records here.
                    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                    Comment


                    • #11
                      Brit, you are a frakking moron.

                      There is no 30 day grace period for all visas. There is a 60 day period for F-1 once they graduate, not go out of status. Satisfactory Departure, S/D is only granted upon petition at the Deferred Inspection Office having jurisdiction over the place of residence.

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Two criminal convictions and out of status. </div></BLOCKQUOTE>

                        Hobaaaaaaaaaaaa, Two criminal convictions and out of status and u want to apply for non immigrant visa?????? I gues your best bet is to wish for having a nice Visa Officer such as SonOfMichale or Someone12

                        Comment


                        • #13
                          This seems to imply that the grace period begins from the last day of term from which you are registered:

                          Completion of Program After you complete your degree program (and final term of registration), immigration regulations allow you a 60-day grace period (F-1 visa holder) or a 30-day grace period (J-1 visa holders) in which you may remain in the U.S. The grace period begins from the last day of the term for which you were last registered and not from the expiration date on the I-20 or DS-1029.F-1 visa holders a 60-day grace period and J-1's a 30-day grace period in which you may remain in the U.S. (60 or 30 days from the last day of the term, not 60 or 30 days from the expiration date on your I-20 or DS-2019).

                          oregonstate.edu

                          Also there appears to be a 10 day grace period allowed if you enter on an H1b visa:

                          8 CFR 214.2(h)

                          (13) Admission.

                          (i) General.

                          (A) A beneficiary shall be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may not work except during the validity period of the petition.


                          So yes there are grace periods for certain types of visas. I correct my earlier statement about there being a general 30 day grace period for most visa types.
                          "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                          Comment



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