B2 Visa with criminal arrests

Asked almost 2 years ago - Chicago, IL

Good day,

I was in the US in H1B until 2009. I have a conviction for Tresspassing to land in 2009 (class B misdemenar) which ended in supervision. In 2010, i got my B1/B2 visa after i mentioned about my conviction in the visa application. After getting the visa i travelled twice to the US.

Unfortunately the last time i was there i was cited with Disorderly conduct (Municipal ordinance violation)..I hired an attorney and went to court and opted for "deferred prosecution without any guilty plea"..I had to do community service and the case was dismissed.

1) Is deferred prosecution without guilty plea a conviction for immigration purpose?
2) Does the above 2 charges create any problems for furture travel in B2 visa.
3) Do i need to get a new B2 visa ?

Attorney answers (3)

  1. Alexander M. Ivakhnenko

    Contributor Level 20

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . 1. It does not appear to be a conviction or a crime of moral turpitude,
    2. As you already know, issuance of a non-immigrant B-2 visa to the United States is always discretionary and not your right, it is a valuable privilege, therefore, honestly disclose the above record and explain it if required.
    3. If your B2 visa is still valid you may enter the U.S. on it since you have not been convicted of any precluding crime, otherwise you may apply for another B-2 visa using the established process for that with full disclosures of the above.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  2. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . It does not sound like the second charge was a crime of moral turpitude. So that means that you may still qualify for b1/b2. That said, the visa is discretionary, and you may face troubles when you re-enter the country and when you apply to renew it.

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
  3. Nicolette Glazer

    Contributor Level 12

    1

    Lawyer agrees

    Answered . If no "guilty plea" was entered at any point during the 2010 proceedings you should be ok. However the case/arrest will show up when you are fingerprinted and will likely result in a referral to secondary inspection. Consult with an immigration attorney for an in depth review.

    Answers to questions are for general purposes only and do not establish an attorney-client relationship.

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