US Embassy: Renewing an F-1 Visa with US misdemeanor/arrest charge

Urban_80

I'll try and keep this brief as possible...
I'm an F-1 student from Ireland, studying a Masters in the States, back in Ireland right now until mid October.

In early 2011 I was at a bachelor party in Nevada. I wont go into details but basically I was arrested for peeing in public @ around 2am after the nightclub we were in closed (I was at the side of the building)...cop car pulled up behind me and arrested me on the spot. Anyone that knows the area will know that police are very strict there and there is no talking your way out it.

Anyway, very stupid of me and I had to hire an attorney. I wasn't required to show up to court but I did and paid a small fine (no probation or anything) but the arrest is still on my record. I have no other previous arrest history in USA or Ireland i.e. first and only offense.

The attorney said that I can get the case 'sealed' or expunged at some stage in the future (end of this year I think) to show that the arrest never happened, so all in all it was regarded as a petty offense but nonetheless it is there on my record for immigration to see. I think it may be listed as a 'misdemeanor' or whatever the least serious offense is.

I consulted an immigration attorney at the time and he said that I would not have a problem re-entering the USA as long as I had a certified copy of the court disposition to show immigration along with my F-1 visa and I-20 form.

However, my visa expired two months ago but I still have an in-status I-20 from my university in the States. I was told that I have to renew the visa back in Ireland but that it is not a problem to stay in the US as long as my I-20 is in status.

I am back in Ireland right now as I had to return for an emergency. I have a return flight booked for the end of September. I planned on getting my F-1 visa renewed while back here but completely forgot about this arrest issue. Once the immigration attorney told me I wouldn't have a problem getting back into the US, I guess I put it out of my mind but of course re-entering on a valid visa is not the same thing as getting the visa renewed back here in Ireland at the US embassy.

Basically I have only my thesis to complete and have my I-20 stamped until June 2013. I am now sick with worry that I will not get my visa renewed because of this issue.

I realize that the consular officer makes decisions on a case-to-case basis but has anyone got experience of how strictly they view something like this when renewing a visa? Is there someone I should contact to get advice within Ireland? I have checked out all the relevant websites and realize that I really wont know for sure until I apply but I'm hoping someone has some experience with an issue like this or has a friend who may have had a similar problem?

Any help or advice greatly appreciated

silja

No personal experience with the F1 but as this is a first offense, only a misdemeanor and not sex or drugs related, I don't see a problem.

Urban_80

silja wrote: »

No personal experience with the F1 but as this is a first offense, only a misdemeanor and not sex or drugs related, I don't see a problem.

Great, I hope you're right. Do you think I would need to provide a certified copy of the court disposition if it does become a problem? Perhaps I should just make sure I have that anyway?

silja

Better save than sorry.
Hopefully someone with personal experience will come along and let you know what they needed.

iusedtoknow

Only crimes of moral turpitude give you issues for visas

True story

A friend of mine on his J1 did the same thing - it was Disorderly Conduct charge rather than anything else. He went to court, the judge looked kindly on him in a "boys will be boys" sort of way. He paid a fine and left. He also worried that it would affect his eventual re-entry to the states

3 years later, he wanted to go on holiday, and went to the embassy, cap in hand to apply for a visa as he thought he was ineligible for VW

The embassy official laughed and said that it was stupid but not in-admissible offence.

However, to be safe - talk to the embassy here and ensure.

Urban_80

Thanks...you guys have certainly put my mind at ease but I'm still gonna take no chances!

I did a bit of research and 'disorderly conduct' (in limited circumstances) is actually defined as a crime of moral turpitude BUT there is a 'petty offense' exception where there is no jail sentence of more than 6 months and there is only one offense committed...so I'm pretty sure that an arrest and court fine for disorderly conduct falls under the 'petty offense' exception - finger crossed

happyclapper

Take a look at the embassy website. As your "crime" as we call it was not of moral torpitude - meaning murder, rape etc or the maximum penalty could have been 1 yr in jail in the US then you are fine. It is of petty nature, you have a good character and you will be ok. I would print that page out about the previous crimial records from the website and learn it off for answering the questions!

I do think you will be fine, be humble that you were young and stupid, learned a lesson and you have a good character.

** Edited to add.... Can the attorney who represented you do a letter to the effect of what the judge said and put that it should not impede your application as per immigration law.. *** Make sure you have the court records as you could be asked for those.

Urban_80

happyclapper wrote: »

Take a look at the embassy website. As your "crime" as we call it was not of moral torpitude - meaning murder, rape etc or the maximum penalty could have been 1 yr in jail in the US then you are fine. It is of petty nature, you have a good character and you will be ok. I would print that page out about the previous crimial records from the website and learn it off for answering the questions!

I do think you will be fine, be humble that you were young and stupid, learned a lesson and you have a good character.

** Edited to add.... Can the attorney who represented you do a letter to the effect of what the judge said and put that it should not impede your application as per immigration law.. *** Make sure you have the court records as you could be asked for those.

Cheers...The attorney has already send me a pdf of the court outcome and fine amount showing its paid. Ive also asked him to send on a certified copy of the court disposition. Hopefully that will get here on time - priority mail

I consulted an immigration attorney in Nevada about getting a 'memorandum of support'...he said i probably wont need it before saying it would cost be 1000 bucks!! Feck that!

Urban_80

happyclapper wrote: »

Take a look at the embassy website. As your "crime" as we call it was not of moral torpitude - meaning murder, rape etc or the maximum penalty could have been 1 yr in jail in the US then you are fine. It is of petty nature, you have a good character and you will be ok. I would print that page out about the previous crimial records from the website and learn it off for answering the questions!

I do think you will be fine, be humble that you were young and stupid, learned a lesson and you have a good character.

** Edited to add.... Can the attorney who represented you do a letter to the effect of what the judge said and put that it should not impede your application as per immigration law.. *** Make sure you have the court records as you could be asked for those.

Cheers...The attorney has already send me a pdf of the court outcome and fine amount showing its paid. Ive also asked him to send on a certified copy of the court disposition. Hopefully that will get here on time - priority mail

I consulted an immigration attorney in Nevada about getting a 'memorandum of support'...he said i probably wont need it before saying it would cost be 1000 bucks!! Feck that!

Urban_80

Got it!! Delighted...PHEW! thanks to all for your help. I brought in everything possible. She did ask me about the arrest and asked if I was 'drunk'...I said I had a couple of drinks but not 'drunk'...she said that's important because she would have declined me the visa and ordered me to get a medical check up by a doctor before I could apply again!! :eek:

She kinda laughed off the peeing in public part and kinda said something like' when ye gotta go, ya gotta go i guess'....I didn't know what to say to that!!

Anyway, she mostly just checked out the certified court order I gave her she seemed kind of impressed that I had it at all. After that it was just a case of financial stuff and whether my bankk statements showed I could support myself...then she said the magical words...'your visa has been approved'...I'd have liked to have skipped out passing the waiting throngs but thought better of it and just calmly shouted 'ye f*ckin dancer' as I walked out the door

Anyway...after all this I'm pretty much an expert on F-1 visa renewals and visa applications with any sort of arrest history so anyone with any questions at all, hit me up!

abcefgh

Hi,
I am in a similar situation as yours except that my case was a misdemeanor for shoplifting, attended the court and ultimately case was dismissed after paying fine. Can you guide me the things that should be done before going to the embassy for visa renewal. This issue was making me so nervous.
Thank you.

jenshmen

Have you sorted anything regarding your situation abcefgh

sawdoubters

file for an extension. Failure to file a timely application will result in loss of F-1 status

http://www.apsanlaw.com/law-209.FAQ---Entry-into-the-US-with-a-Criminal-History.html

abcefgh

Not really, but after talking to many people, planning to take all the court documents and letter of representation from attorney when I go the next time for my visa stamping.
Also, I have been to my home country after the incident and came back couple of times with no problem at the customs.
Heard that it is of low risk because it falls under petty offence exception.

By the way, do you have any thing to suggest or similar concerns.