Criminal Record and Visa Application

[pew007]

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.

[pew007]

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.

[ProudUSC]

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.

[pew007]

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?

[Aroha]

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.

[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.

[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 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?

[ProudUSC]

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.

[pew007]

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

[ProudUSC]

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.

[Aroha]

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.

[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.

[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.

[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">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?

[Aroha]

<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!