Misdemeanor

[aclassic 0]

About three or four years ago I spent a night in jail on a misdemeanor charge (no need to go into details). I know that everyone says that they were not a fault, and that I was not guilty, but that was the case with me. Anyway, I did not want the case to go to trail so I pleaded "No Contest". I paid a fine and did my community service (deferred adjudication). My lawyer told me that under the terms of "deferred adjudication" that it would show as a conviction. Today I checked with another lawyer. She looked up my record and agreed that it is not a conviction. I read the I-129F Draft and it looks as if it is asking if you have ever been convicted of whatever. I am going to say NO! Am I right?

Yang Bo - My soulmate

[Ladylethal 12]

If you look at the new form it lists the crimes they are concerned about, so if you haven´t had anything to do with any of the crimes listed, then your answer would be no, if you did, then it´d be yes and you´d have to send whatever document shows it, including if you´re not guilty, dismissed, etc.

[abdcas 0]

It is not a conviction. Deferred adjudication means that the judgment of guilt was deferred pending completion of the conditions of the agreement you entered with the prosecutors. If successful as you were, the court will dismiss your case. As such you are not convicted of the alleged crime. But if you violate any of the conditions (terms) of your agreement, you will go back to Court and after a hearing the Court may adjudicate you guilty of that alleged crime, then you will have a conviction. In your case you were not convicted. So the answer will be NO.

I hope this helps.

[aclassic 0]

About three or four years ago I spent a night in jail on a misdemeanor charge (no need to go into details). I know that everyone says that they were not a fault, and that I was not guilty, but that was the case with me. Anyway, I did not want the case to go to trail so I pleaded "No Contest". I paid a fine and did my community service (deferred adjudication). My lawyer told me that under the terms of "deferred adjudication" that it would show as a conviction. Today I checked with another lawyer. She looked up my record and agreed that it is not a conviction. I read the I-129F Draft and it looks as if it is asking if you have ever been convicted of whatever. I am going to say NO! Am I right?

Yang Bo - My soulmate

Hola Luis

The question is not regarding the crime. The question refers to deferred adjudication and the fact that it is not a conviction. Why should I or anyone else in a similar situation say "Yes" when they were not convicted.

It is not a conviction. Deferred adjudication means that the judgment of guilt was deferred pending completion of the conditions of the agreement you entered with the prosecutors. If successful as you were, the court will dismiss your case. As such you are not convicted of the alleged crime. But if you violate any of the conditions (terms) of your agreement, you will go back to Court and after a hearing the Court may adjudicate you guilty of that alleged crime, then you will have a conviction. In your case you were not convicted. So the answer will be NO.

I hope this helps.

Thanks! That is the way I figured it. I am madly in love with my fiance and I don't need IMBRA or anyone else complicating my life. Time to move on!

My future daughter

[Taye500 0]

About three or four years ago I spent a night in jail on a misdemeanor charge (no need to go into details). I know that everyone says that they were not a fault, and that I was not guilty, but that was the case with me. Anyway, I did not want the case to go to trail so I pleaded "No Contest". I paid a fine and did my community service (deferred adjudication). My lawyer told me that under the terms of "deferred adjudication" that it would show as a conviction. Today I checked with another lawyer. She looked up my record and agreed that it is not a conviction. I read the I-129F Draft and it looks as if it is asking if you have ever been convicted of whatever. I am going to say NO! Am I right?

Yang Bo - My soulmate

If it is charge of moral turpitude e.g prostutition, pimping e.t.c then you might wanna consult with a lawyer. I think a conviction of moral turpitude count against visa issuance. Some interviewers focus on integrity and honest.

[Fuzzness 2]

I would expect to have to file a waiver. That way, if you have to, you won't be surprised. If you don't, it will be a nice surprise.

I am pretty sure you will have to file a waiver though

[Taye500 0]

It is not a conviction. Deferred adjudication means that the judgment of guilt was deferred pending completion of the conditions of the agreement you entered with the prosecutors. If successful as you were, the court will dismiss your case. As such you are not convicted of the alleged crime. But if you violate any of the conditions (terms) of your agreement, you will go back to Court and after a hearing the Court may adjudicate you guilty of that alleged crime, then you will have a conviction. In your case you were not convicted. So the answer will be NO.

I hope this helps.

A no contest plea is throwing yourself at the mercy of the court. If you accept a court order restutition then you are more or less accepting responsibilty for the crime, just like a guilty sentence.

[desert_fox 32]

I dont believe whether you were convicted or not has anything to do with it. I think it asked you if you have ever been arrested.....you have!!

[aclassic 0]

About three or four years ago I spent a night in jail on a misdemeanor charge (no need to go into details). I know that everyone says that they were not a fault, and that I was not guilty, but that was the case with me. Anyway, I did not want the case to go to trail so I pleaded "No Contest". I paid a fine and did my community service (deferred adjudication). My lawyer told me that under the terms of "deferred adjudication" that it would show as a conviction. Today I checked with another lawyer. She looked up my record and agreed that it is not a conviction. I read the I-129F Draft and it looks as if it is asking if you have ever been convicted of whatever. I am going to say NO! Am I right?

Yang Bo - My soulmate

If it is charge of moral turpitude e.g prostutition, pimping e.t.c then you might wanna consult with a lawyer. I think a conviction of moral turpitude count against visa issuance. Some interviewers focus on integrity and honest.

I can assure you that is not the case. It was a misdemeanor charge.

Take care

[Taye500 0]

About three or four years ago I spent a night in jail on a misdemeanor charge (no need to go into details). I know that everyone says that they were not a fault, and that I was not guilty, but that was the case with me. Anyway, I did not want the case to go to trail so I pleaded "No Contest". I paid a fine and did my community service (deferred adjudication). My lawyer told me that under the terms of "deferred adjudication" that it would show as a conviction. Today I checked with another lawyer. She looked up my record and agreed that it is not a conviction. I read the I-129F Draft and it looks as if it is asking if you have ever been convicted of whatever. I am going to say NO! Am I right?

Yang Bo - My soulmate

If it is charge of moral turpitude e.g prostutition, pimping e.t.c then you might wanna consult with a lawyer. I think a conviction of moral turpitude count against visa issuance. Some interviewers focus on integrity and honest.

I can assure you that is not the case. It was a misdemeanor charge.

Take care

Then what is it, we can't help you unless we know what you have done.

[aclassic 0]

I dont believe whether you were convicted or not has anything to do with it. I think it asked you if you have ever been arrested.....you have!!

Part C, Question 2 of the draft clearly reqeusts info relating to convictions and not if you have been arrested.

[aclassic 0]

It is not a conviction. Deferred adjudication means that the judgment of guilt was deferred pending completion of the conditions of the agreement you entered with the prosecutors. If successful as you were, the court will dismiss your case. As such you are not convicted of the alleged crime. But if you violate any of the conditions (terms) of your agreement, you will go back to Court and after a hearing the Court may adjudicate you guilty of that alleged crime, then you will have a conviction. In your case you were not convicted. So the answer will be NO.

I hope this helps.

A no contest plea is throwing yourself at the mercy of the court. If you accept a court order restutition then you are more or less accepting responsibilty for the crime, just like a guilty sentence.

What you say is true to a point, however I have two lawyers that have confirmed that I have no conviction on my record. Part C, Question 20 clearly asks you to list convictions. It does not ask if you have ever been arrested for whatever. It only ask if you have been convicted. There is a big difference.

[meauxna 15]

It is not a conviction. Deferred adjudication means that the judgment of guilt was deferred pending completion of the conditions of the agreement you entered with the prosecutors. If successful as you were, the court will dismiss your case. As such you are not convicted of the alleged crime. But if you violate any of the conditions (terms) of your agreement, you will go back to Court and after a hearing the Court may adjudicate you guilty of that alleged crime, then you will have a conviction. In your case you were not convicted. So the answer will be NO.

I hope this helps.

A no contest plea is throwing yourself at the mercy of the court. If you accept a court order restutition then you are more or less accepting responsibilty for the crime, just like a guilty sentence.

What you say is true to a point, however I have two lawyers that have confirmed that I have no conviction on my record. Part C, Question 20 clearly asks you to list convictions. It does not ask if you have ever been arrested for whatever. It only ask if you have been convicted. There is a big difference.

Why don't you pay for a *consultation* with an *immigration * lawyer who can correctly assess your charges in the context of the petition?

I really wouldn't want to get caught out in a misrepresentation because I was getting advice from a bunch of well intentioned non-professionals.

[JenT 0]

Why don't you pay for a *consultation* with an *immigration * lawyer who can correctly assess your charges in the context of the petition?

I really wouldn't want to get caught out in a misrepresentation because I was getting advice from a bunch of well intentioned non-professionals.

Agree... I wouldn't hang your hat on the literal interpretation of the wording for something so important. If you appear in any way to be withholding information, it will come back to haunt you. I wouldn't take any chances.

[Rob and Cathy 0]

I would advise disclosing anything you have done - misdemeanor or anything.

We even put a traffic ticket on there.

And at his interview, the Officer did ask him about it.

I wouldn't want to take a chance.

And I agree, if you want it clarified completely, seek out a "immigration" lawyer who will know immigration law specifically and not just a lawyer.

This is too important to use a "play on words" with the questions.

Good luck!

Cathy