Criminal Law Help. i got a ticket similar MIP

[ausamsam]

Went to pay for the ticket today. fine is $500 but there is something like taxes around $120.05... would that count to be fine to immigration.
I am so broke

 

[mafioso]

Immigration does not car about the amount. They care only if it is within the petty offense exception.

 

[ausamsam]

if he said that ticket would be the problem for why i cannot get my visa, should I just tell him "you cannot do this, i know the law".... just in case some new guy is in charge of my case.

 

[mafioso]

Yes you can politely tell them about the petty offense exception. Print a copy of section 212(a)(2)(A)(i)(I) of immigration law. That is the section which deals with this law which should protect you from possible bias and admissibility issues.

 

[ausamsam]

if he is like really mean, can I ask to talk to someone else??? can he just ignore that?
i am pretty sure in the embassy, the officer should be nice but there is sometimes some exception in everything...

 

[mafioso]

If he is mean and would not listen to you, then just stay calm and get your stuff and leave. You can appeal his decision and apply for a new visa and interview. Just find out from the information counter. By law, you would be interviewed by another person not the same one. You would give them the doc as a reason to show why they can't refuse you a visa because of that offense. When you are denied, you would be informed why.

 

[ausamsam]

thank you all your advice for this. i hope everything will go smooth.just dont want to waste everything i work so hard for last 4 years.

 

[mafioso]

Everyone deserves a second chance............ You would be okay. Feel free to post any other concerns.............

 

[ausamsam]

http://www.hvcc.edu/international/arrests.pdf

• Delays in obtaining visas: ANY arrest or conviction will cause a positive "hit" in NCIC and delay new visa issuance. It does not matter if you take the record of your arrest or conviction with you to the consulate, as they will still have to wait for the NCIC Report.
• Denial of immigration benefits in the U.S. including but not limited to extension, practical training and change of status.

is this real? I saw it in a school website as above

this sure makes me worry. so i will need to go twice and pay twice to get the visa?

 

[mafioso]

Yes it is all true............ That is why I always emphasize in my post that immigration law is different. Some people don't understand that and turn to give everyone same advice as an America. It is common even here and in many forums when you read some post.

 

[ausamsam]

so I will need to go the embassy twice because they would probably deny it first time? they would not read the paper work that I have and they will trust what they get?

nowadays we need to spend the DS-156 before we go. would they check me before I go???

 

[mafioso]

They need it electronically so to facilitate storage and referencing. But your instant BG check would be done when they get your fingerprints. They would read your paper work. But they can decide to just accept or order a copy of the disposition. Sometimes they don't ask you to wait and just decide on giving you the visa. But they reserve the right to make you wait. There are cases which have emerged using both methods. It is simply their discretion.

 

[someone25]

Just a curious question. do "sell/furnish alcoholic beverage to a person underage of twenty-one" classified to be a class C or other term misdemeanor in Mississippi?

 

[mafioso]

Different states have different ways of ranking crimes............In Texas, class C is the lowest possible one apart from driving infractions. In Mississippi, they might be using a different scaling system like A to F or 1st degree misdemeanor to whatever..........It varies. But Immigration does not care about the class. They only worry about the maximum possible jail time. Some counties or states don't share certain criminal records or certain crimes or classes they consider minor infractions. That is when it becomes important in BG checks. You can check a states statutes to know what rank a crime is on the scaling system.