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Conviction and Visa revalidation...pls help

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  • Conviction and Visa revalidation...pls help

    hello all,

    I am in the country on an H1B. I 02 I was convicted of disorderly conduct and sent off on a 1 year conditional discharge and 2 days of community service.

    Disorderly conduct is a violation(one level below misdemeanors) in my state and the max sentence for violations is 15 days in jail.

    Do you know if disorderly conduct is considered to be CIMT? If so, what are my chances of falling under petty offense exception.

    I have a spotless record, and this is the result of a stupid act of being excessively drunk on the street.

  • #2
    hello all,

    I am in the country on an H1B. I 02 I was convicted of disorderly conduct and sent off on a 1 year conditional discharge and 2 days of community service.

    Disorderly conduct is a violation(one level below misdemeanors) in my state and the max sentence for violations is 15 days in jail.

    Do you know if disorderly conduct is considered to be CIMT? If so, what are my chances of falling under petty offense exception.

    I have a spotless record, and this is the result of a stupid act of being excessively drunk on the street.

    Comment


    • #3
      It shouldn't be too much of a deal as long as you stay out of trouble from now on. It could weigh in if you have anything else added to it, immigration/civil/criminal violations or no matter how small of a problem. Especially if the disorderly conduct was initially something else like a misdemeanor and plea bargained down to this. But if you can stay out of trouble and away from excessive alcohol consumption (don't drink and drive!), you should be O.K., the more time passes over this incident, the better! After 5 yrs. (count from the day you were ordered) it definitly shouldn't be usable against you.

      Comment


      • #4
        Pandora,

        Actually, it was plea bargained down to a disorderly conduct. I never drink a lot, but it was that one day that I drank beyond my capacity and was punished for it.

        But should'nt the actual conviction charge matter and not the arraignment charges?

        Comment


        • #5
          This should be a relatively simple matter; however, if you LIE ON YOUR APPLICATION it becomes serious. EVERYTHING is material on an application until proven otherwise. In other words, if you don't tell CIS and a material line of inquiry (i.e., whether you have a criminal conviction) is shut off because of your failure to disclose you could get your application denied for lying. If you tell the truth, you provide a disposition, it is a misdemeanor not a CIMT and should not count against you.

          Comment


          • #6
            Bronzelady,

            Thanks for your reply. I am planning to fully disclose my conviction. I have the court disposition, the notice of completion of community service, and I also got a Certificate of Good Conduct which shows that I do not have a criminal record as disorderly conduct is not considered a crime in my state.

            Your reply has really helped me gain some confidence.

            Comment

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