Visiting US with two misdemeanor conviction possible? Hi ...

<< Back to: Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6)

Question by iserfe
Submitted on 6/22/2004
Related FAQ: Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6)
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Visiting US with two misdemeanor conviction possible? Hi I have commited 2 misdemeanors many years ago. They were commited 15 and 19 years ago. They are called solicitation an act of prostitution. The most dummest thing I have ever done in my live and today I regret this very much. I am 47 years old and have a daughter who is a natural born citizen from the US living with me in Europe and my wife. It is somewhat redicolous but I understand it is against the law. I have been visting the US in the year 2000 and allways have answered thes questions regarding crime with a no. Since 2002 they seem to check on FBI records of who is coming to the US and if there are any police records. Questions: What will happen, if I say no again on the questions regarding a crim on the form. Will they find out. What are the chances finding out. If I go to the Consulate and tell them the truth, will the allow me visiting ever the US again. How dificult will be to visit the US. I must go there, because I have business there. Are these very sirious crimes. After all I read somewhere that they are petty misdemeanors . For any information I am very thankfull With best regards

Answer by Generous
Submitted on 10/18/2005
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I would like to share work VISA experience for 221g refusal for arrest of Solicitation of Prostitution! I was arrested in California for Disorderly Conduct solicitation of prostitution.The City and County of San Francisco has a special diversion program for first offenders in this situation whereby the individual pays a fine and attends a special class,and upon completion of these requirements, the charges were dismissed. I paid the fine and attended the required class. Accordingly, the charges against me were dropped. There was no subsequent court action and therefore no court record and no conviction in my case. Disorderly Conduct is listed as under "Crimes committed against governmental authority which would not constitute moral turpitude for visa-issuance purposes." The petty offense exception contained at Immigration and Nationality Act § 212(a)(2)(A)(ii)(II) requires that an offense have a maximum possible penalty of more than one year and that the actual sentence in the case be for a term of imprisonment in excess of 6 months. Thus, even if arrest gets considered a "conviction," the offense defined as Solicitation of Prostitution under California PenalCode § 647(b) qualifies for the petty offense exception contained in Immigration and Nationality Act § 212(a)(2)(A)(ii)(ll). The California Penal Code defines punishment for a misdemeanor offense as "punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both." Even if arrest for disorderly conduct is construed as a conviction for a crime involving moral turpitude, one would remain admissible to the United States because offense qualifies for the petty offense exception.' Thus you should show full police record to consular officer and you will remain eligible for admission to the United States for offense less than (maximum possible penalty of more than one year and that the actual sentence in the case be for a term of imprisonment in excess of 6 months) ! Also do not lie to consular officer about your arrest or anything! I received my visa once I showed my Full Police record and lawyer letter which indicates above things ! All the best :)

Answer by anonymous
Submitted on 10/18/2005
Rating: Not yet rated	Rate this answer:
I would like to share work VISA experience for 221g refusal for arrest of Solicitation of Prostitution! I was arrested in California for Disorderly Conduct solicitation of prostitution.The City and County of San Francisco has a special diversion program for first offenders in this situation whereby the individual pays a fine and attends a special class,and upon completion of these requirements, the charges were dismissed. I paid the fine and attended the required class. Accordingly, the charges against me were dropped. There was no subsequent court action and therefore no court record and no conviction in my case. Disorderly Conduct is listed as under "Crimes committed against governmental authority which would not constitute moral turpitude for visa-issuance purposes." The petty offense exception contained at Immigration and Nationality Act § 212(a)(2)(A)(ii)(II) requires that an offense have a maximum possible penalty of more than one year and that the actual sentence in the case be for a term of imprisonment in excess of 6 months. Thus, even if arrest gets considered a "conviction," the offense defined as Solicitation of Prostitution under California PenalCode § 647(b) qualifies for the petty offense exception contained in Immigration and Nationality Act § 212(a)(2)(A)(ii)(ll). The California Penal Code defines punishment for a misdemeanor offense as "punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both." Even if arrest for disorderly conduct is construed as a conviction for a crime involving moral turpitude, one would remain admissible to the United States because offense qualifies for the petty offense exception.' Thus you should show full police record to consular officer and you will remain eligible for admission to the United States for offense less than (maximum possible penalty of more than one year and that the actual sentence in the case be for a term of imprisonment in excess of 6 months) ! Also do not lie to consular officer about your arrest or anything! I received my visa once I showed my Full Police record and lawyer letter which indicates above things ! All the best :)

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<< Back to: Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6)

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