question on criminal/court record

[lukaskolb 0]

will be thankful for any opinions

I am about to have an interview for the K1 visa at the local embassy (ireland)

My court record (poland) dates 5 years back; and is related to "avoiding the national military service", and applies when you get letters from the military inviting you for being inducted, and you ignore them (or don't reply)

I was fined an avarage monthly salary, altough the maximum possible sentence is 2 years.

The mandatory military service doesn't exist in poland anymore, so this wouldn't apply today, but I don't know if it is of matter to the us embassy at all. (and how can I proof it).

Any thoughts, chances of success/denial?

[JimVaPhuong 4,863]

will be thankful for any opinions

I am about to have an interview for the K1 visa at the local embassy (ireland)

My court record (poland) dates 5 years back; and is related to "avoiding the national military service", and applies when you get letters from the military inviting you for being inducted, and you ignore them (or don't reply)

I was fined an avarage monthly salary, altough the maximum possible sentence is 2 years.

The mandatory military service doesn't exist in poland anymore, so this wouldn't apply today, but I don't know if it is of matter to the us embassy at all. (and how can I proof it).

Any thoughts, chances of success/denial?

I did a quick check, but I wasn't able to find any cases similar to yours. I did find a case where an application for asylum was denied to a foreign draft evader because the applicant wasn't able to demonstrate that their conscription would have required them to violate international war crimes laws. The US generally recognizes the right of foreign governments to require their citizens and residents to serve in the military. They also accept that refusal to serve may be valid in some circumstances.

If you had done the same in the US then you would have been deemed inadmissible, and permanently ineligible for US citizenship. Nobody has been conscripted in the US since the Vietnam war, but the system remains in place and every male US citizen and LPR over the age of 18 is required to register. At anytime the government determines it's necessary, they could activate the draft and begin ordering people to report for induction.

Honestly, I have no idea how the consulate is going to view this. Is it a crime of moral turpitude? Dunno. Will they conclude that because you avoided the draft in your own country that you're likely to do the same in the US (you WILL be required to register)? Dunno.

Maybe you should consult with an immigration lawyer about this. At worst, I think you may need to apply for a waiver.

[lukaskolb 0]

thank you very much for the extensive answer

[lukaskolb 0]

thank you very much for the extensive answer

just an update; for anybody who might be interested

I went through the final visa interview and this issue wasn't a problem. the visa is nearly through (was only missing an affidavit of support)