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I wasn't imprisoned, I just paid a punitive fine equivalent of 3 months and 22 days.
This is all confusing to us. A fine is a sum of money to be paid but you are describing a timeline which is how a sentence is measured. How do you pay a fine of 3 months and 22 days?
This is all confusing to us. A fine is a sum of money to be paid but you are describing a timeline which is how a sentence is measured. How do you pay a fine of 3 months and 22 days?
Germany and Austria have this, maybe others: Net income divided by 30 and fines are calculated by days for certain crimes instead of incarceration. The decision is up to the court.
Up to 90 days no permanent entry. Over it is part of the official police record a copy of which is part of some visa applications.
Some seem to consider 112 days a minor thing. Please go through some US states fine schedules and see what that can pay for.
Last edited by Threestep2; 01-09-2024 at 02:53 PM..
I have no dog in this hunt
Moral turpitude and prison sentences over 4 years are only some of the applicable offenses. What you refer to as minor offenses and in this case verbal abuse (OP does not comment on what the 3 months 22 days stands for so use a crystal ball) do apply. He may see the word conviction only with prison. A judge set his fine. Let's wait until he applies for OTP or H1B and then has to deal with fraudulent visa application instead of an explanation, court records and waiver request.
It sounds like a a minor public order offence and not some serious offence related to serious violence or other such serious offences.
In terms of the US, you are supposed to mention all criminal offences and any arrests on forms, however this laughable as the US authorities know they don't have access to other countries criminal records, and this must be in line with data laws such as the General Data Protection Regulation (GDPR) and other similar legislation. As for arrests they arrests they are not convictions and as such they are not recorded in the same way on the national database and often have to be deleted in relation to data laws.
In reality the only reason the US authorities are going to be realistically interested in you is if you have committed a serious offence in relation to violence, sexual offences, criminal damage, drugs etc or pose a risk to national security, and it's generally time consuming and expensive having to go through Interpol in relation to any checks.
The US also has problems in relating to the use of data privacy frameworks in terms of the EU and other aligned countries, and has to tread very carefully in terms of data and intelligence gathering.
Whilst I suggest you tell the truth when filling in official forms, in terms of minor criminal behaviour it's not usually a massive issue, and the US concentrates it's resources in relation to seeking further information only in cases where there is a credible reason to believe the person in question may be a serious credible risk.
Last edited by Brave New World; 01-09-2024 at 02:57 PM..
I would suggest contacting either an immigration attorney in the US or our State Department. In my mind, what you were convicted of is minor, I don't think we even have anything like it in the States. But I'm not an attorney, thank goodness, so by all means get some better advice on your question from a more informed source than an online forum.
I would suggest contacting either an immigration attorney in the US or our State Department. In my mind, what you were convicted of is minor, I don't think we even have anything like it in the States. But I'm not an attorney, thank goodness, so by all means get some better advice on your question from a more informed source than an online forum.
A conviction for twenty years ago, even for a more serious offense, is less concerning if you've lived a peaceful, law-abiding life since then. It's not common and certainly not guaranteed, but people are admitted after committing serious violent crimes--IF they can demonstrate that they have completely changed their ways and pose no risk to this country's citizens.
But if you were convicted last year of 'verbal abuse', then you don't have much history to convince the State Department that you will come to the US and be a peaceful resident.
A conviction for twenty years ago, even for a more serious offense, is less concerning if you've lived a peaceful, law-abiding life since then. It's not common and certainly not guaranteed, but people are admitted after committing serious violent crimes--IF they can demonstrate that they have completely changed their ways and pose no risk to this country's citizens.
But if you were convicted last year of 'verbal abuse', then you don't have much history to convince the State Department that you will come to the US and be a peaceful resident.
It was 1.5 years ago.
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