Misdemeanor

[pushbrk 13,176]

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.

If the arrest wasn't for one of the crimes listed on the I-129F, it doesn't matter whether you were convicted or not. If it was, then you have two lawyers confirming you weren't convicted. I don't understand why you're asking this question here. You already have your answer.

[Raspect 0]

Yes

listen to the last comment

and not the other comments to fill out a waiver and say that you did it no matter

i spent a night in jail

a 2 times

for silly little things

and didnt list it

and it went through

if it wasnt a crime

do not list it

no way

and dont answer these people who want you to tell what you did, like my tire on my car burst and i swerved and hit a pepsi machine damaging it badly, then took a pepsi and drank it. therefore theft and damage to property.!!

[Dan J 277]

It totally depends on what the crime was, but from what it looks like, its very unlikely to cause any issues for even if you disclose it. You can have minor issues on your criminal record and still get a visa or petition for a visa.

[featherB 1]

Hasn't anyone noticed how old this thread is......?

[brnidokiegurl 0]

[pushbrk 13,176]

It totally depends on what the crime was, but from what it looks like, its very unlikely to cause any issues for even if you disclose it. You can have minor issues on your criminal record and still get a visa or petition for a visa.

At this point people are reading the thread even though the OP started it a year ago. USC's are not required to disclose criminal entanglements in the visa process unless they are filing an I-129F and must truthfully answer yes to specific questions. Even then, they need only disclose what is specifically required by IMBRA. They need not disclose other entanglements.

[Caladan 19]

I know this is old. But there seems to be some advice here that ignores the questions on the visa application. C. spent a night in jail when he ws 19 for failing to pay a traffic fine. Sheriff hauled him in, his uncles bailed him out, a real Dukes of Hazzard sort of tale.

His police record is clear. As near as we can tell, it was handled administratively and never recorded anywhere. He wasn't even fingerprinted. But when it came time to get the visa, we answered yes on the question 38 of the DS-156K, that said whether he'd been arrested or convicted "for any crime or offense", regardless of whether it was later expunged. It asks even for arrests, so advice not to declare it seems to be poor. Plus, they're going to notice when they see the police report.

In our case, when C. arrived at the consulate, they asked him why he'd checked yes, he explained, the interviewing officer looked at the police report and chuckled, and that was it.

Whether you'll need a waiver depends on how many offenses there were, the nature of the offense, the statute which the offense violated, what the time served was, what the maximum sentence could have been. It's not just a strict misdemeanor/felony line, either. A good place to start is with the court records and the police report, but an immigration attorney who knows what they're doing is probably a good idea, unless you really want to read the INA.

[Caladan 19]

My previous comment assumes, of course, that we're talking about the foreigner's police report, which is the way the thread seemed to go even though the OP seems to be talking about a misdemeanor committed by the USC.