Misdemeanor but Charges Dismissed (4 yrs ago) - Applying for Business Visa

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Cloudy2011

New Member
I was an international student in US from 2002 - 2009, F-1 visa.

Feb 2007, I was 20 yrs old and was arrested for MISDEMEANOR (2 charges: using false ID and false reporting to officer). However, I took a diversion program as advised by the judge.

Jul 2007, all charges were dismissed. I got confirmation letter from the Court that I "was never convicted for either of the charges filed against [me]."

I have been back in my country to work for a major US company for 2 years. Now I am about to take a business trip to US in 2 months.

Since the arrest has been only 4 years (and not 5), I'm extremely worried since this business trip is very important to my career. It was a stupid mistake from college time. I have not committed any other violation in my entire life. I really hope that it will not impact my professional life.

My questions are as below:

1) Would my case be classified under "moral turpitude"? and would it affect my chance of getting visa?

2) I'm planning to return to US for MBA in September 2012 (which would make it slightly more than 5 years from the incident). My arrest happened in AZ. I've researched somewhere that says all records in AZ are archived for 99 years. Does that mean this incident will follow me for the rest of my life? and whether I should get an immigration attorney for my case?

I'd greatly appreciate feedback from legal professionals and those who have been in similar situations. Thank you!
 
Cloudy2011 said:
I was an international student in US from 2002 - 2009, F-1 visa.

Feb 2007, I was 20 yrs old and was arrested for MISDEMEANOR (2 charges: using false ID and false reporting to officer). However, I took a diversion program as advised by the judge.

Jul 2007, all charges were dismissed. I got confirmation letter from the Court that I "was never convicted for either of the charges filed against [me]."

I have been back in my country to work for a major US company for 2 years. Now I am about to take a business trip to US in 2 months.

Since the arrest has been only 4 years (and not 5), I'm extremely worried since this business trip is very important to my career. It was a stupid mistake from college time. I have not committed any other violation in my entire life. I really hope that it will not impact my professional life.

My questions are as below:

1) Would my case be classified under "moral turpitude"? and would it affect my chance of getting visa?

2) I'm planning to return to US for MBA in September 2012 (which would make it slightly more than 5 years from the incident). My arrest happened in AZ. I've researched somewhere that says all records in AZ are archived for 99 years. Does that mean this incident will follow me for the rest of my life? and whether I should get an immigration attorney for my case?

I'd greatly appreciate feedback from legal professionals and those who have been in similar situations. Thank you!
Click to expand...

http://www.cbp.gov/xp/cgov/travel/id_visa/indamiss_can_info.xml

Go to the above site and read about the I-192 and associated info about CIMTs.
 
BigJoe5 said:
Go to the above site and read about the I-192 and associated info about CIMTs.
Click to expand...

Thanks so much, BigJoe5, for your link.

I'm not familiar with legal terms so I have some further questions. I've read some of your responses in other threads and would like to ask for your inputs

From the INA 212 (a) (2) (B):

"Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible."

And from 9 FAM 40.21(a) N7.1 Provisions of INA 212(a)(2)(A)(ii)
(CT:VISA-1318; 09-24-2009)

"As amended, a conviction or admission of the commission of a crime of moral turpitude will not serve as the basis of ineligibility under INA 212(a)(2)(A)(i), if the following conditions have been met:
(1) The applicant has been convicted of or has admitted to the commission of only one crime;
(2) The maximum penalty possible for the crime of which the alien was convicted or for which the alien legally admitted to did not exceed imprisonment for one year and, if the alien was convicted and the alien was not sentenced to a term of imprisonment in excess of six months;..."


I had 2 charges for that arrest. But I was not sentenced to a term of imprisonment. So from my interpretation, it doesn't seem that I'm completely ineligible. But I'm probably very biased :(

Regarding the I-192, "The Form I-192 and accompanying documents are filed in advance of travel and is limited to the class of aliens where a non-immigrant visa is not required or an inadmissible non-immigrant with appropriate documents who subsequently becomes inadmissible under Section 212(a) of the INA."

I'm not qualified as visa-exempt non-immigrant alien, I'm still trying to find info about the latter condition.

Really sorry for such long post. I've been beating myself up about this for 4 years+, and finally have to face its consequence now...
 
Hi Clody, I was wondering if you finally obtained your work visa. I have a similar situation a needs some pointers on how to proceed thks!! M
 
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