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  • disorderly conduct and open lewdness

    Hey:
    I just pled guilty to open lewdness and disorderly conduct in return for having the indecent exposure charge dismissed. I was masturbating in public and assigned three charges. Another stupid thing I did was that I waived my miranda rights (I didn't know what it is. I am an international student from China. If I did know, then my attorney probably would have gotten the case dismissed). The two convictions are misdemeanors of the third degree and are not moral turpitude. Just a question here: how would this affect my future ability to apply for a visa, come to the United States, or receive immigration benefits? I really want to marry a US spouse and then become a green card holder.
    Thanks to all of you.

  • #2
    I can't help but think that you must be putting us on. At the very least you need to obtain a mental health's professional report that you are "probably" cured of this type of misbehavior and then hope that such a report will impress USCIS or the State Department to seriously consider any future applications for immigration benefits.

    From what other petitioners and applicants have reported, any history of the type of conduct you describe will likely cause a spousal or fiancee petition to be "shelved' long enough for you to give up and walk away. I am not kidding, as this seems to be the USCIS strategy for discouraging those convicted of sexual-behavior offenses.

    --Ray B

    Originally posted by keyang View Post
    Hey:
    I just pled guilty to open lewdness and disorderly conduct in return for having the indecent exposure charge dismissed. I was masturbating in public and assigned three charges. Another stupid thing I did was that I waived my miranda rights (I didn't know what it is. I am an international student from China. If I did know, then my attorney probably would have gotten the case dismissed). The two convictions are misdemeanors of the third degree and are not moral turpitude. Just a question here: how would this affect my future ability to apply for a visa, come to the United States, or receive immigration benefits? I really want to marry a US spouse and then become a green card holder.
    Thanks to all of you.

    Comment


    • #3
      I have a counseling report prepared by my psychologist that ensures that this type of behavior will not happen again.
      And what do you mean by this type of behavior will be shelved long enough? I don't understand that.

      Comment


      • #4
        The fact is, I have a lot of American friends. I want to be able to stay in America and hopefully be able to connect with them. But having to go back to China or live in another country in the future would make me heartbreaking.

        Comment


        • #5
          Keyang,

          A counselling report is not considered a "guarantee" by USCIS that the offender will not repeat the type of behavior which got him in trouble.

          By "shelving," I mean that USCIS will receive applications for certain immigration benefits from applicants who have negative items on their criminal history reports. Rather than deny, USCIS strategy is to request difficult evidence, expecting that the applicant will give up. If the evidence is presented, and it is "good' evidence, USCIS individual bias will sometimes result in an application package being "lost' or "shelved." A subsequent Congressional query will usually "find" the shelved file and processing (approval or deny) can continue. Sometimes, however, a file is "really" lost and the only option is to just resubmit a new application for the same benefit.

          The above description is not "official," but is the result of my personal experience with people for whom I have worked.

          --Ray B

          Originally posted by keyang View Post
          I have a counseling report prepared by my psychologist that ensures that this type of behavior will not happen again.
          And what do you mean by this type of behavior will be shelved long enough? I don't understand that.

          Comment


          • #6
            I think I'd rather go back to china in the future. Don't want to stay here any more.

            Comment


            • #7
              I hope it wasn't anything I said to make you feel this way. I see some very sad accounts of mistakes made 25 year ago that keep spouses from being reunited in the U.S., but sometimes these barriers can be overcome.

              In your case, however, you came to the U.S. for additional education. Your visa probably remains open until you obtain your degree. If you want to leave the U.S. without completing your education matriculation, that will be a disappointment to your family.

              --Ray B

              Originally posted by keyang View Post
              I think I'd rather go back to china in the future. Don't want to stay here any more.

              Comment


              • #8
                I am not saying I will leave the us without finishing my education. I will finish my education and get a postdoc. Then I will just never come back again. The criminal history has made me unwilling to stay in America.

                Comment


                • #9
                  I hate this country.

                  Comment


                  • #10
                    Keyang,

                    If you want to spend a big chunk of money on an immigration attorney who specializes in these issues, and there are some very good ones, you can most likely overcome any barrier while pursuing an immigration benefit. There are no guarantees with these types of specialists, but it has become a lucrative specialty for some attorneys who can deliver results. You'd be surprised at the number of people who are fighting deportation or can't become citizens, or can't be successfully petitioned by U.S. spouses, because of very minor law enforcement contacts (DUI, drug possessions and/or sales; spousal battery (if minor), etc.).

                    --Ray B

                    Originally posted by keyang View Post
                    I am not saying I will leave the us without finishing my education. I will finish my education and get a postdoc. Then I will just never come back again. The criminal history has made me unwilling to stay in America.

                    Comment


                    • #11
                      What does the new immigration bill say about the impact of criminal conviction on seeking US immigration benefits?

                      Comment


                      • #12
                        I haven't studied any legislation or even proposed legislation lately. I usually wait until I have a specific problem with someone who comes to me as a referral, then I look for any options available.

                        Often people ask...'What if....?" about hypothetical situations they might encounter. Except for the obvious risks with any procedure, I think that is nonproductive thinking, often used by many people to avoid doing anything.

                        --Ray B

                        Originally posted by keyang View Post
                        What does the new immigration bill say about the impact of criminal conviction on seeking US immigration benefits?

                        Comment


                        • #13
                          I don't want to stay in this country any more! Not Any more!

                          Comment


                          • #14
                            Keyang,

                            Sorry to hear that. Go back and read the first message you posted in this thread. What happened between messages 1 and 10?
                            We're here mainly to ask and answer questions. If I had any hint you would suddenly become so bitter, I wouldn't have been so direct in my responses.

                            --Ray B

                            Originally posted by keyang View Post
                            I don't want to stay in this country any more! Not Any more!

                            Comment


                            • #15
                              Once I finish school, I will go back to china and not think about coming back.

                              Comment

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