Criminal conviction outside the US

M

martinwerdel

Registered Users (C)
Hello,

I have been convicted (in my home country) in 1999 for theft...I got 5 months suspended sentence...The conviction is already expunged...
I have an appointmant in US Embassy in November...
I mentioned the conviction in ds-230...
Any comments???
What are my opportunity to obtain immigrant visa???

Thank you to all.........
 
More than 10 years from a conviction anywhere means the chances are as good as they can ever be with a conviction/arrest.
 
my2011 said:
since its a single conviction your sentence was less than one year you'll be fine.
Click to expand...

Hi,

I rescheduled my interview for February, so I am very confused about my conviction....
As I ment above (in one of my previous messages) I have been convicted...
Any suggestions????
 
INA Sec. 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(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 2/ were 5 years or more is inadmissible
 
Bigjoe5 does these rules the same if you commited a crime here and then return to your native country without the 10yr ban and now applying for a visa. I have a cousin in the same boat he was brought here at a real young age and got arrested for possesssion of marijuana the outcome he recieved classes, community service and a fine. Now he has a old girlfriend now his fiance filing for him to come back to the u s, would he be ok i want to know what you think thanks....
 
Siebu09 said:
Bigjoe5 does these rules the same if you commited a crime here and then return to your native country without the 10yr ban and now applying for a visa. I have a cousin in the same boat he was brought here at a real young age and got arrested for possesssion of marijuana the outcome he recieved classes, community service and a fine. Now he has a old girlfriend now his fiance filing for him to come back to the u s, would he be ok i want to know what you think thanks....
Click to expand...

This criminal issue is only one ground of inadmissibility, the only difference in location of the crime would be in situations involving "purely political" convictions or the juvenile convictions. Foreign juvenile convictions are addressed in the statute, further treatment is under BIA precedent for U.S, juvenile convictions and Federal First Offender Act amenable drug posession convictions. If it is overcome, any other other issues must be overcome if they exist. Waivers and exceptions are available for some things but not for others.

In bringing up the 10 yr bar you are alluding to unlawful presence. Unlawful presence (ULP) is covered in INA 212(a)(9) where it is defined and offers a waiver, if qualified. IF ULP is an issue it can be overcome for a spouse entering as an immigrant but not for a fiance, and then only if qualified for a waiver. A person must be admissible under all applicable sections of law. Each case is handled individually based on a full disclosure of all pertinent facts.

Don't overthink the situation. It is one minor thing that was treated lightly years ago as a juvenile. Full disclosure is required and the actual conviction is not a bar to admission.
 
IF ULP is an issue it can be overcome for a spouse entering as an immigrant but not for a fiance, and then only if qualified for a waiver. A person must be admissible under all applicable sections of law. OK FIRST OF ALL THANKS FOR THE ANSWER TO MY QUESTION HOWEVER SEEING THAT THEY ALREADY HAVE THE BEEN APPROVED FOR THE I130 IS IT POSSIBLE FOR HIM TO STILL GET AND IMMIGRANT VISA OR THEY SHOULD JUST GO AHEAD AND FINISH UP WITH THE FIANCE VISA??
 
Siebu09 said:
IF ULP is an issue it can be overcome for a spouse entering as an immigrant but not for a fiance, and then only if qualified for a waiver. A person must be admissible under all applicable sections of law. OK FIRST OF ALL THANKS FOR THE ANSWER TO MY QUESTION HOWEVER SEEING THAT THEY ALREADY HAVE THE BEEN APPROVED FOR THE I130 IS IT POSSIBLE FOR HIM TO STILL GET AND IMMIGRANT VISA OR THEY SHOULD JUST GO AHEAD AND FINISH UP WITH THE FIANCE VISA??
Click to expand...

You appear to be talking about a form I-129F that was filed for a K-3 spouse (please stop using "fiance"). If both show up at the consulate they will close the I-129F for K-3 and proceed with the I-130 for the spouse (CR-1 or IR-1). They can only proceed with the Immigrant Visa if the I-864 Affidavit of Support is in place. You don't decide, the Consulate does.
 
They did send in affidavit support proof (w2s, bank statement etc) so im guessing he will be eligible for immigrant visa and im sorry for calling it fiance visa. As a matter of fact they are already married just so you know thanks man..
 
Guys,

I want to ask some important thing...
Due to my conviction (although it is petty theft), very likely I will get a waiver...With the Embassy you never know...
So, my questiona are:
1. If I have been rejected I will not be able to apply for a waiver. (no US relatives, 15 years didn`t passed from the offense). In that case, can I apply again after 7 months (is it possible?) because after 7 months I will be able to apply for a waiver (15 years from the offense will be passed)...
2. What is better: Should I go to my interview in February and risk to be rejected or should I wait for September???
By the way, what is the procedure about application withdraw???

Thank you so much, it is very important to me...I forgot to mention: I am employment based (Alien with extraordinary ability)

Regards,
 
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