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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Question When Can You Get a F1 Visa With a Criminal Record, Not CIMT

    Hello everyone,

    I'm a British student who has applied to study a Master's in the US. Everything is in order, the university has sent me an I-20 and I plan to book my visa interview as soon as it arrives.

    However, when I was travelling in the US 4 years ago, I was convicted of 'Trespass' and 'Disorderly Conduct' in Las Vegas. I pleaded guilty and paid a $500 fine. To my knowledge, these crimes technically are not ones that involve Moral Turpitude so I don't believe that I am inadmissible but I am still very concerned.

    The complaint was first filed as 'Burglary' but then, when explained, was amended to misdemeanors; 'Trespass' and 'Disorderly Conduct' (I've put the details in the next paragraph but feel free to skip it).

    The details: Me and a friend went to a gas station to pick up some drinks and snacks for the evening. My friend was told that we couldn't be served and he threw down the money and we left with the goods anyway. I'm not entirely sure why the clerk said we couldn't be served, I assume either the gas station was actually closed or that it couldn't sell alcohol after a certain time but it happened very quickly and before we approached the till to pay. I guess it could have been something trivial like the till was not working but even my friend isn't sure why. We weren't abusive or aggressive but we definitely didn't act appropriately and I take full responsibility for my actions. I think the judgement was fair and I feel very sorry about it.

    So my questions are...
    1. How will this effect my visa?
    2. Can anyone suggest an estimate of how likely it is that I will be rejected at the interview based on this? e.g. "Definitely" or "maybe" or "potentially but unlikely"?
    3. Any advice on how would be best to proceed with this? e.g. should I answer 'yes' or 'no' to the question that asks about CIMT? (I would declare it and explain at the interview regardless)

    Any advice or information that anyone could provide me with would be hugely appreciated. I'm worried sick that after a year of planning my dreams will fall through at this last stage.

    Thank you for your help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: When Can You Get a F1 Visa With a Criminal Record, Not CIMT

    Nobody here can promise you that your crimes won't cause delay or even possible denial of your application for a visa. You appear to have resolved your crime with a couple of misdemeanors, but the initial burglary charge is likely to cause some pretty intense scrutiny of your application. You will have to apply and see what happens. I am not going to tell you how to answer questions on your visa application without knowing the full details of your plea bargain and the conviction charges. If you want that type of advice I suggest that you consult an immigration lawyer with those details.

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