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B2 Visa with criminal arrests

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 ?

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Attorney answers 3

Best Answer
Posted

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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

Posted

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.

Asker

Posted

Thanks for your reply Dhenu. I was told, Municipal ordinance is more like a traffic violation and it should not create any issues.. Is that true? Tresspassing is NON cimt conviction for immigration...but Disorderly conduct is dismissed and should not be a conviction for immigration. Is that true?

Asker

Posted

Should i go to the consulate and reapply for a new visa (current visa is valid until 2021)? Should i voluntarily disclose the disorderly conduct citation in the port of entry ?

Dhenu Mitesh Savla

Dhenu Mitesh Savla

Posted

Yes you should carry papers regarding this and disclose it voluntarily at port of entry. Good luck.

Asker

Posted

Thanks. But its very confusing...the immigration attorney i consulted asked me not to voluntarily disclose it ....and should tell the truth if they ask about any other arrests or citation...anyway thanks

Posted

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.

Asker

Posted

Thanks Nicolette. Tresspassing arrest resulted in fingerprinting and ended with guilty plea for Tresspassing. Disorderly conduct is a citation and no arrest..just a citation given by the cop for municipal ordinance.

Nicolette Glazer

Nicolette Glazer

Posted

The trespassing should not be problematic but have the records reviewed by an immigration attorney to be on the safe side. good luck!

Asker

Posted

Thanks.

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