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    how's misdemeanor affect my visa application?

    Jurisdiction / State: California

    I had been in the US since 1997 until 2009 as an F-1 student. Unfortunately, on the last quarter at school, I lost my status since I was a credit short of a full-time student. Then upon the recommendation from the school, I went in front of the court and asked for the Voluntary Departure (VD). However, a couple of weeks prior the departure date, I was arrested on a felony charge of didn't stop for the police when I was driving on the freeway. There were a 25K bail on me that my friend had. Therefore I had to stay past the VD date in order to comply with the bond. Since I missed the VD, it has automatically turned into a deportation.

    I left the US and is now back to Thailand. I am trying to get back to the US by filing for a waiver of the 10-year barred on me. Then, I just recently found out that the DA office has decided to charge me with that felony charge. In order to go back to the US, I can't have any criminal charge on me, so I need to get rid of it. A lawyer suggests that the possibility that DA will just drop the case is slim, however, the result of misdemeanor can be done.

    So my question is How's a misdemeanor charge affect to a possibility of getting a visa or a waiver to get back to the US? If the DA agrees to give me a misdemeanor instead of a felony charge, will it prevent me to get my visa or the waiver approved? I appreciate your help.


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    jharris352's Avatar
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    It will be MUCH better than a felony but it still could be problematic for you getting a visa.

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    army judge's Avatar
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    Finish your education in Thailand.
    You went to school for 12 years, you must have earned a AA, BA, MA, PhD, MD, and a JD, at least!
    There are no jobs in the USA now anyway.
    You could take a correspondence course (or an online course) and complete your degree.
    Just give up on the US, it brought you nothing but trouble.
    You're free of the US and back in Thailand.
    Enjoy the food and your freedom.

    Happy Chanukkah, Christmas, & New Year!

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    Quote Originally Posted by jharris352 View Post
    It will be MUCH better than a felony but it still could be problematic for you getting a visa.
    Thank you for replying.
    So if it is reduced to misdemeanor and I served all the sentence (probation), then the charge should not be on my record anymore, right?

    I read somewhere that it is not a problem as long as the sentence I got is not more than 6 months in jail. Am I correct about this?

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    Quote Originally Posted by army judge View Post
    Finish your education in Thailand.
    You went to school for 12 years, you must have earned a AA, BA, MA, PhD, MD, and a JD, at least!
    There are no jobs in the USA now anyway.
    You could take a correspondence course (or an online course) and complete your degree.
    Just give up on the US, it brought you nothing but trouble.
    You're free of the US and back in Thailand.
    Enjoy the food and your freedom.
    I appreciate your opinion. It is not the job that I want in the US. It is my life, my significant other that I am after. Honestly, I feel more like home in the US than in Thailand. There is no place else that I feel the freedom than the US. Thanks

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