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Thread: Criminal Record and Visa Application

  1. #1
    I'm a student on F-1. I was charged of disturbing the peace recently and I'm sure it's going to be on my criminal record. I'm wondering, if my parents in China want to come and visit me, is this going to affect their visa application? Will my record show up at any point? Please help me, any suggestion is appreciated.

  2. #2
    I'm a student on F-1. I was charged of disturbing the peace recently and I'm sure it's going to be on my criminal record. I'm wondering, if my parents in China want to come and visit me, is this going to affect their visa application? Will my record show up at any point? Please help me, any suggestion is appreciated.

  3. #3
    Hi Pew007 & welcome,

    Check out this site: http://travel.state.gov/visa/t...es/types_1262.html#3

    You really should check with a qualified immigration attorney, but I doubt the charge will have any negative impact on your parents' visa application. They are the ones who will be subject to an interview, not you.

    Good luck.

  4. #4
    I was arrested for theft but later the case was reduced to disturbing the peace. So my question is: are the embassy officers going to find out what I was arrested for or do they just see the conviction of disturbing the peace?

  5. #5
    It won't affect your parents application. You're not sponsoring them, so their tourist visas would be gained on their own merits.

    Your biggest concern right now should be the effect these charges will have on your F-1 status. For that, you should speak to a reputable immigration attorney.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  6. #6
    You are in fact removeable and excludeable at entry. My suggestion is to return to China and apply for a waiver while you are there.

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
    You are in fact removeable and excludeable at entry. My suggestion is to return to China and apply for a waiver while you are there. </div></BLOCKQUOTE>

    but my lawyer says disturbing the peace is not CIMT so it's not very serious, will i have trouble at port of entry? and what does a waiver do?

  8. #8
    I thought the question was about the arrest negatively impacting his parents' ability to get a visitor's visas. I truly don't think they will check his background in order for his parents to come for a visit.

    That doesn't mean the arrest won't affect his visa sometime in the future, but that's not what he asked.

  9. #9
    so no matter what the case is reduced to, USCIS will know that I was arrested for theft?

  10. #10
    Pew007,

    Why don't you check with the court to find out exactly what they have on your record? I don't think any of us can speculate whether USCIS will find out the first charge was theft. The court records are what matters.

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