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Will a misdemeanor in my teens affect my K1 application?

Johnson City, TN |

In my teens I spent a semester in the US as part of a study abroad program. While I was there I was convicted of underage alcohol consumption. I owned up immediately, went to court, quickly paid all my fines in full, completed a years probation despite returning to Ireland and ensured it was expunged. I still have all the paperwork for the incident and I am just wondering the effect it will have on my application? Also the DS-156 form asks: "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?" - Am I right in saying "yes" to this?

Attorney Answers 4


  1. If the offense required prof beyond a reasonable doubt, then it is a crime and the answer is yes.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. It doesn't look like your conviction made you inadmissible to the U.S. As such, apply for a visa, disclose all info and produce all relevant court certified records. Good luck!


  3. Correct. Disclose this and any other arrests/convictions. This should not prevent you from being admissible.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  4. Answer truthfully to all the questions; have certificate of disposition available for the consul to review; you should be ok.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

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