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  • pew007
    replied
    <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...

    Leave a comment:


  • pew007
    replied
    <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?

    Leave a comment:


  • federale86
    replied
    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.

    Leave a comment:


  • federale86
    replied
    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.

    Leave a comment:


  • Brit4064
    replied
    <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!

    Leave a comment:


  • pew007
    replied
    <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

    Leave a comment:


  • pew007
    replied
    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.

    Leave a comment:


  • ProudUSC
    replied
    <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!

    Leave a comment:


  • Aroha
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pew007:
    so hopefully they wouldn't be too harsh on me and it's likely that i could still renew my visa? </div></BLOCKQUOTE>

    It really depends, pew. The USCIS doesn't go by standard rules. You no longer need to have a felony to be considered deportable or inadmissible, it just needs to be a misdemeanor and they don't actually go by what penalty you got either, it's what you could have gotten for the crime.

    Honestly, you should speak to a reputable immigration attorney about this one. And stay out of trouble!

    Leave a comment:


  • pew007
    replied
    <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">Originally posted by pew007:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pew007:
    so no matter what the case is reduced to, USCIS will know that I was arrested for theft? </div></BLOCKQUOTE>

    Sure do. They get to see the entire file and they are not bound to follow the criminal complaint outcome as it relates to their procedures. If they think you were railroaded or wrongfully confessed in a plea deal, it will help you. On the flip side if it looks like you got away with something due to some technical error on the part of the police they'll weigh the circumstances of the crime itself. It all depends. So, was it Victoria Secrets and indecent exposure in a mall? </div></BLOCKQUOTE>

    no, I stole some $94 worth of stuff in a store and my lawyer reduced it to disturbing the peace. It was my first offense. </div></BLOCKQUOTE>

    Well, I don't understand how they reduced it to disturbing the peace, but stealing $94 worth of stuff is a misdemeanor in most, if not all, states. It's not like you're an axe murderer or something. Just find out from the court exactly what charges they have on you. Remove the mystery. </div></BLOCKQUOTE>

    so hopefully they wouldn't be too harsh on me and it's likely that i could still renew my visa?

    Leave a comment:


  • ProudUSC
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pew007:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pew007:
    so no matter what the case is reduced to, USCIS will know that I was arrested for theft? </div></BLOCKQUOTE>

    Sure do. They get to see the entire file and they are not bound to follow the criminal complaint outcome as it relates to their procedures. If they think you were railroaded or wrongfully confessed in a plea deal, it will help you. On the flip side if it looks like you got away with something due to some technical error on the part of the police they'll weigh the circumstances of the crime itself. It all depends. So, was it Victoria Secrets and indecent exposure in a mall? </div></BLOCKQUOTE>

    no, I stole some $94 worth of stuff in a store and my lawyer reduced it to disturbing the peace. It was my first offense. </div></BLOCKQUOTE>

    Well, I don't understand how they reduced it to disturbing the peace, but stealing $94 worth of stuff is a misdemeanor in most, if not all, states. It's not like you're an axe murderer or something. Just find out from the court exactly what charges they have on you. Remove the mystery.

    Leave a comment:


  • pew007
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pew007:
    so no matter what the case is reduced to, USCIS will know that I was arrested for theft? </div></BLOCKQUOTE>

    Sure do. They get to see the entire file and they are not bound to follow the criminal complaint outcome as it relates to their procedures. If they think you were railroaded or wrongfully confessed in a plea deal, it will help you. On the flip side if it looks like you got away with something due to some technical error on the part of the police they'll weigh the circumstances of the crime itself. It all depends. So, was it Victoria Secrets and indecent exposure in a mall? </div></BLOCKQUOTE>

    no, I stole some $94 worth of stuff in a store and my lawyer reduced it to disturbing the peace. It was my first offense.

    Leave a comment:


  • Aroha
    replied
    pew007, they may not know immediately, but if you ever have to renew your visa, apply for a new one, or have other dealings with them, you will have to disclose the arrest. They ask to see the full arrest and court records. They will find out on their own eventually.

    However, as it has been pointed out, that wasn't your question. This arrest will not affect them getting a tourist visa in any way.

    Leave a comment:


  • ProudUSC
    replied
    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.

    Leave a comment:


  • pew007
    replied
    so no matter what the case is reduced to, USCIS will know that I was arrested for theft?

    Leave a comment:

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