dazed and confused

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given2fly

Registered Users (C)
3 years ago I pleaded guilty and was charged with disorderly conduct and a 1 year conditional discharge in a freak incident.

I did not have to serve time but just paid a $30 fine and did 2 days community service.

Now I have to go to India for some emergency and while over there I have to get a new H1 visa stamped in my passport.

Do you think that I have will problems in getting the visa or at POE? What are the consequences of answering a "YES" to the conviction question in the DS-156 form? Can anyone share their expeririences on the same lines i.e. DWI etc
 
taking the court disposition and the letter from the probation office stating that you have completed the commmunity service requirement should help.

ALWAYS fill up the truth in all the forms, these guys can find out anything and everything about you!!
 
nmalho

Yes,

I am not planning to hide anything from the officers. I already have the community service completion certificate and I am collecting the court disposition tomorrow.

I called up the court today and the lady said that my disposition has been sealed and this is not going to come on any background check.

But I know for sure, immigration guys will do some special checking.

Does anyone have any experience with stamping in such a situation? What I really want to know is whether they will delay the stamping so that they do their own check?
 
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conditional discharge

Anyone have any input about the "conditional discharge". Does that mean an actual sentence has been imposed? Or is it just probation?
 
i believe disorderly conduct is not a CIMT so you should be ok at the POE.but i would declare it on my application for the visa at the consulate.because you would be filing a false visa application if you didnt and could be returned for that.
 
bohica

Would it matter that the actual charges were different and my charge was reduced to disorderly conduct?

I guess my question is, for immigration, is it the conviction that matters?
 
given2fly,

Have you travelled within last three years from out of the US? I am in a similar situation, and I wonder if traveling or reentry is any issue?
 
in_need

Yes .. I did travel without any problems. But this was before my court appearance. I havent travelled after my conviction.

I have to travel now due to an emergency. I plan to go ahead with my travel plans. I know that there is a substancial risk of not having my visa revalidated.

From what I have heard from the esteemed members of this forum is that disorderly conduct might not be a case of moral turpitude, and even if it does, I will mostly qualify for the petty offense exception. I hope my assumptions are proven true at the consulate.

Will anyone care to answer the question in my previous post?

I needed to know whether they will look at the actual conviction and not the original charges, correct? It does make sense that only the actual conviction should matter, but I guess I am looking for some support to gain confidence.
 
I have been doing this research also, and I think the only problem will be if it falls under CMT, and based on my reading from immigration websites, this does not fall under that.

I would say mention it truely on the form, and carry all the supporting documents that you might have.

Also Can you tell me when did you travelled and what was your condition at that time, was it after you got the summon and before going to court? Or was it after getting the summon and the conviction?

Wish you the best
 
in_need

Yes ... as I mentioned in my post , my travel was after getting the summons and before the court appearance. I travelled without any problems.
 
obtained visa successfully

Just thought I would let everyone know that I got my visa successfully from the Mumbai consulate thru the interview process.

THe key is to tell the absolute truth about the situation to the officer.
 
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