f-1 visa denied due to criminal incident?

[davis44 0]

My friend has been attending university for 3 years and recently went back home to her country after a incident in the U.S to recover. She was involved in a domestic dispute/violence incident with her Ex-boyfriend that she was living with and was charged with a number crimes. Many that were proven false and dropped. Some of the charges were misdemeanors and a felony amounting to a few charges. All the charges were dropped in court after evidences was shown proving else wise, except a criminal destruction of property charge. I think it was a misdemeanor, she pled guilty after the court offered to lower the charge to a Civil forfeiture charge, which is a non criminal charge in Wisconsin and results in only a fine. She left the country since then and applied to school to finish her degree. She received her I-20 and went to the embassy for an interview. She gave them the court documents, a letter from her attorney and everything that was needed. The embassy told her she was ineligible to apply for an visa of any kind ever again and would need to apply for waivers every time. What is the reason for this? She has no criminal record. Is there anything that can be done?

thank you.

[NigeriaorBust 4,087]

Plea bargain arrangements rarely are the same as being found not guilty. If she was accused of a felony and accepted a lessor charge she may be inadmissible due to being charged with a felony and not being found not guilty. Did any of the crimes involve drugs ?

[davis44 0]

it was over a domestic violence dispute, fighting with ex boyfriend, etc. The felony was over an arson charge that did she did not commit and proved in court.

on the court website her case states.

The defendant ----------- was found guilty of the following charge(s) in this case.

Damage to Property. This is not a criminal offense and results only in a money penalty for this offense

Edited January 2, 2014 by davis44

[RhettVoe 282]

Oh well. Something about if you cannot do the time.......but what is unknown is how she presented her case during her interview...if she blamed everyone else, or said she ate too many Twinkies as a child, her credibility will have evaporated.....and that's the way it goes...we don't need to import nor reward those violate our laws.

[davis44 0]

Oh well. Something about if you cannot do the time.......but what is unknown is how she presented her case during her interview...if she blamed everyone else, or said she ate too many Twinkies as a child, her credibility will have evaporated.....and that's the way it goes...we don't need to import nor reward those violate our laws.

This isn't exactly helpful. CCTV footage is what proved her innocence in 90% of the charges. She told the consulate the entire truth of the incident, and even provided letters from her attorney, and her ex's attorney that stated she was wrongfully charged.

Also I don't see how a felony charge would be reduced to a civil fine, i am pretty sure it was a misdeam charge that was reduced.

Can anyone at least tell me what the next steps she should take? Hire an immigration attorney in the U.S or native country (SK)? Apply for a waiver? All she wants to do is finish her last year of school and return home.

Edited January 2, 2014 by davis44

[rylforever 18]

I would say help her get an immigration attorney here in the US to see if they can help clean her record to make her eligible for re-entry.

[canadian_wife 1,827]

Malicious damage to property is a CIMT, I wonder if that is the reason

good luck

[RhettVoe 282]

Some electronic records in her name must say something different, since a denial for having committed a CIMT is serious, not administered lightly and subject to review by the senior CO (any such a denial that carries a stiff ineligibility is automatically reviewed and signed off on by a senior CO)...the fact that she has not been called back in suggests that there is something missing from her story.....letters from attorneys are given as much weight as two week old newspaper.....that is, none. Sounds like there is more to the story.