Application being processed but I just got in trouble...

[sphinn 0]

I'm a Norwegian citizen and my wife is a US citizen. About six months ago we applied for me to live and work in the US, the application is being processed as we speak according to its latest online status. So far it's all good.

In all my grown years (I'm closing in on 40 pretty fast) I have managed to avoid fights and all kinds of trouble of that nature, but that record broke last weekend. To cut it short a guy jumped me and grabbed me by the throat. I was taken by surprise, panicked and reacted instinctively which led me to hit him with the bottle I was drinking from. Afterwards, he didn't press charges but the police did (they are obliged to here).

So, I am now fighting this as a self defense case. It can still swing both ways. If I do get convicted I will either be fined or receive a very short non-jail sentence. It will still be a conviction and will still end up on my record. I have no previous convictions and one crazy thing like this happens exactly when I really don't need it. Sigh.

Anyway, my question is, how will this affect my application?

I realize that the US immigration services are pretty strict as far as criminal records go (as they should be), but will they follow the rules blindly or is there room for some sort of "human" outlook on it? How serious will my conviction be in their eyes?

I'm very very nervous about all this to say the least and will greatly appreciate any answers.

[Adriene H 89]

Ugh that sucks!

I don't have any advice to provide, but I hope someone

on the boards will have some helpful info for you

[sphinn 0]

Thanks

[pushbrk 13,037]

I'm a Norwegian citizen and my wife is a US citizen. About six months ago we applied for me to live and work in the US, the application is being processed as we speak according to its latest online status. So far it's all good.

In all my grown years (I'm closing in on 40 pretty fast) I have managed to avoid fights and all kinds of trouble of that nature, but that record broke last weekend. To cut it short a guy jumped me and grabbed me by the throat. I was taken by surprise, panicked and reacted instinctively which led me to hit him with the bottle I was drinking from. Afterwards, he didn't press charges but the police did (they are obliged to here).

So, I am now fighting this as a self defense case. It can still swing both ways. If I do get convicted I will either be fined or receive a very short non-jail sentence. It will still be a conviction and will still end up on my record. I have no previous convictions and one crazy thing like this happens exactly when I really don't need it. Sigh.

Anyway, my question is, how will this affect my application?

I realize that the US immigration services are pretty strict as far as criminal records go (as they should be), but will they follow the rules blindly or is there room for some sort of "human" outlook on it? How serious will my conviction be in their eyes?

I'm very very nervous about all this to say the least and will greatly appreciate any answers.

Right now, you have applied for nothing. Your wife's petition in your behalf will not be impacted. Once you apply for a visa, your visa application will ask about past criminal activity. If you have a conviction, you'll need to truthful and accurate in your answers on the forms and will have the opportunity to explain at the interview. At the Consular Officer's discretion, there could be a delay or even a denial, depending on the circumstances. You'll want to take a look at the actual questions on the DS230 form. That's your visa application. Here is the applicable question. You will be answering yes.

41. Have you ever been charged, arrested or convicted of any offense or crime? (If answer is Yes, please explain)

[sphinn 0]

Right now, you have applied for nothing. Your wife's petition in your behalf will not be impacted. Once you apply for a visa, your visa application will ask about past criminal activity. If you have a conviction, you'll need to truthful and accurate in your answers on the forms and will have the opportunity to explain at the interview. At the Consular Officer's discretion, there could be a delay or even a denial, depending on the circumstances. You'll want to take a look at the actual questions on the DS230 form. That's your visa application. Here is the applicable question. You will be answering yes.

41. Have you ever been charged, arrested or convicted of any offense or crime? (If answer is Yes, please explain)

I see.

Many thanks for your excellent answer.