Criminal Record and Visa Application

[ProudUSC]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Honestly, you should speak to a reputable immigration attorney about this one. And stay out of trouble! </div></BLOCKQUOTE>

Very sound advice!

[pew007]

I actually did talk to several immigration lawyers and they all said it is not a big deal. They said if it was not a conviction of CIMT then I'm fine.

[pew007]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Honestly, you should speak to a reputable immigration attorney about this one. And stay out of trouble! </div></BLOCKQUOTE>

Very sound advice! </div></BLOCKQUOTE>

I actually did talk to several immigration lawyers and they all said it is not a big deal. They said if it was not a conviction of CIMT then I'm fine

[Brit4064]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I actually did talk to several immigration lawyers and they all said it is not a big deal. They said if it was not a conviction of CIMT then I'm fine. </div></BLOCKQUOTE>

I tend to agree with this although I'm no lawyer. Despite what others have said on here, the arrest is not the main factor, it's the conviction that counts. The USCIS does have to abide by The US Constitution. Not to do so would be a violation of it. We've already had one person on here who seems to have been a victim of an erroneous USCIS judgment (Kollerkrot) and her case has dragged on for more than 25yrs.

There are some cases in Immigration Law which allows the USCIS to redefine a misdemeanor as a felony (so-called "aggravated felony") I don't think a conviction for disturbing the peace (drunk & disorderly/making noise etc) could be called an aggravated felony. Waving a gun around and shooting it into the air could be however. The CIMT thing I believe is unique to Immigration Law. Either way, they still have to go by what the conviction was for.

They will want to see the record of arrest but I wouldn't sweat it. I think your lawyers are right on this one. Just don't do it again or else it could become a lot more complicated!

[federale86]

You forget the difference between a non-immigrant visa and an LPR. Those with criminal convictions are routinely denied non-immigrant visas based on moral character which goes to your honesty about returning to your unrelinquished residence abroad. Add to this you want family to come live here and probably not leave, then you are out of luck.

It also depends on the sentence you will get and the highest potential for incarceration in the statute.

[federale86]

And remember, USCIS does not issue non-immigrant visas, the Department of State does. And USCIS will not be approving any application for EOS or COS for a convicted criminal. It also depends if the crime included property damage, property loss and violence.

[pew007]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
You forget the difference between a non-immigrant visa and an LPR. Those with criminal convictions are routinely denied non-immigrant visas based on moral character which goes to your honesty about returning to your unrelinquished residence abroad. Add to this you want family to come live here and probably not leave, then you are out of luck.

It also depends on the sentence you will get and the highest potential for incarceration in the statute. </div></BLOCKQUOTE>

What is the difference between a non-immigration vis and LPR? and what's EOS and COS? I just want my parents to come and visit me for a couple of months, is that not possible?

[pew007]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
And remember, USCIS does not issue non-immigrant visas, the Department of State does. And USCIS will not be approving any application for EOS or COS for a convicted criminal. It also depends if the crime included property damage, property loss and violence. </div></BLOCKQUOTE>

So you mean there's no chance that I can get an extension for my visa or to change my visa status in the future? I'm only convicted of disturbing the peace...