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Old 01-12-2024, 06:28 PM
 
1,225 posts, read 1,230,962 times
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Quote:
Originally Posted by reboun View Post
It was 1.5 years ago.

Well, that's probably not great. Not much time to prove whether or not you are a still a risk. Good luck to you, but I'd say it could either way. You probably ought to have a backup plan.

 
Old 01-14-2024, 08:23 AM
 
14 posts, read 4,728 times
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Quote:
Originally Posted by MarianRavenwood View Post
Well, that's probably not great. Not much time to prove whether or not you are a still a risk. Good luck to you, but I'd say it could either way. You probably ought to have a backup plan.
Thank you. We don't have a backup plan but most of my friends told me what I've done may not even be a crime in US. I have just insulted someone on Twitter. There wasn't any threats in that Twitter post, it was considered as defamation. Correct me if I am wrong but won't the lawyers of US Embassy read the files related to my conviction and decide if it is a crime in US or not and the officials will decide to give visa or reject?
 
Old 01-14-2024, 08:34 AM
 
1,225 posts, read 1,230,962 times
Reputation: 3429
Quote:
Originally Posted by reboun View Post
Thank you. We don't have a backup plan but most of my friends told me what I've done may not even be a crime in US. I have just insulted someone on Twitter. There wasn't any threats in that Twitter post, it was considered as defamation. Correct me if I am wrong but won't the lawyers of US Embassy read the files related to my conviction and decide if it is a crime in US or not and the officials will decide to give visa or reject?

Typically they don't get details from overseas criminal justice branches, just the report of the conviction. Most of the immigration officials that would be reading your application are not lawyers. Immigration lawyers are the people you will hire to represent you when you appeal your denial.

And typically the State Department doesn't parse out whether crimes overseas would be considered crimes here. There are too many nuances in too many countries to keep track of. They would only take such things into consideration if your conviction was a result of political persecution, and even then only if you were applying for political asylum.

Whether or not your actions would be crimes here is not entirely the point. You didn't respect the laws of your home country. What suggests you would do so as a guest of the US? There are lots of people trying to get to the US who do not have a criminal conviction and they still have to try for years. Why should the US give you a second chance?

And in any case, yes, defamation is a crime in the US also. A verbal or written attack is also considered assault. A physical attack is battery. Both are also crimes in the US.



Do you have anything that would outweigh your conviction? A highly specialized, sought-after profession like nuclear fission or pediatric neurosurgery? An employer who is willing to spend their time and money advocating for you at the State Department, because your skills are so valuable to them?
 
Old 01-14-2024, 08:48 AM
 
14 posts, read 4,728 times
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Quote:
Originally Posted by MarianRavenwood View Post
Do you have anything that would outweigh your conviction? A highly specialized, sought-after profession like nuclear fission or pediatric neurosurgery? An employer who is willing to spend their time and money advocating for you at the State Department, because your skills are so valuable to them?
I am applying for Master of Science in Computer Science in USA colleges. If I get acceptance from one of them, I think it will outweigh my conviction.

By the way, my conviction wasn't a felony conviction, it was a misdemeanor conviction.
 
Old 01-14-2024, 10:45 AM
 
24,479 posts, read 10,815,620 times
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Quote:
Originally Posted by reboun View Post
I am applying for Master of Science in Computer Science in USA colleges. If I get acceptance from one of them, I think it will outweigh my conviction.

By the way, my conviction wasn't a felony conviction, it was a misdemeanor conviction.
Please read the application. Do not interpret it. It has no bearing - you were convicted and paid a fine. School admission and immigration have no impact on each other.
Is it really so hard to man up, be honest and file a waiver request instead of bluntly lying?
 
Old 01-14-2024, 12:27 PM
 
14 posts, read 4,728 times
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Quote:
Originally Posted by Threestep2 View Post
Please read the application. Do not interpret it. It has no bearing - you were convicted and paid a fine. School admission and immigration have no impact on each other.
Is it really so hard to man up, be honest and file a waiver request instead of bluntly lying?
When did I say I would lie? Of course I won't lie, I will tell about the conviction on visa application form and the interview.

You told me to file a waiver request. Does it mean permanent residence is going to be denied since I have been convicted?
 
Old 01-14-2024, 12:45 PM
 
24,479 posts, read 10,815,620 times
Reputation: 46771
Quote:
Originally Posted by reboun View Post
When did I say I would lie? Of course I won't lie, I will tell about the conviction on visa application form and the interview.

You told me to file a waiver request. Does it mean permanent residence is going to be denied since I have been convicted?
You are a long way from having to worry about a Green Card. Why do you not read up on things on uscis.gov? Nobody here can tell you what will be approved or denied.
 
Old 01-15-2024, 04:30 AM
 
18,547 posts, read 15,575,394 times
Reputation: 16230
Quote:
Originally Posted by reboun View Post
I wasn't imprisoned, I just paid a punitive fine equivalent of 3 months and 22 days.
What does this mean? In standard English, the term "fines" refers to money that must be paid to the government for the offense, not an amount of time. Do you mean "jailed" or "community service"?

Or does the government simply prescribe that X amount of currency is "equivalent" to one day?
 
Old 01-15-2024, 09:20 AM
 
24,479 posts, read 10,815,620 times
Reputation: 46771
Quote:
Originally Posted by reboun View Post
Thank you. We don't have a backup plan but most of my friends told me what I've done may not even be a crime in US. I have just insulted someone on Twitter. There wasn't any threats in that Twitter post, it was considered as defamation. Correct me if I am wrong but won't the lawyers of US Embassy read the files related to my conviction and decide if it is a crime in US or not and the officials will decide to give visa or reject?
Who actually sued you - X fka Twitter, the insulted party, ... and in what country?
 
Old 01-15-2024, 11:37 AM
 
14 posts, read 4,728 times
Reputation: 10
Quote:
Originally Posted by ncole1 View Post
What does this mean? In standard English, the term "fines" refers to money that must be paid to the government for the offense, not an amount of time. Do you mean "jailed" or "community service"?

Or does the government simply prescribe that X amount of currency is "equivalent" to one day?
The government simply prescribe that X amount of currency is equivalent to one day.
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