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Apply for F1 visa with a criminal record
Anonymous2 views3 answers
I have a criminal record for two misdemanors from one event back in 2010 in the US when I was an F1 student. 1) Receiving stolen property. 2) Illegal Entry.
I succesesfully obtained H1B status in 2010 in the US (change status from F1 to H1B) and got a visa stamp in my home country during a vocation to come back to US in 2011. (the visa officer did a secuirty background check on me and still issued me a H1B visa)
After that, I worked under H1B status for 2 years in the US, and suscessfully changed my status within US to F1 because I am attending graduate school now.
I plan to go back to my home country for a job interview. My questions is Would my criminal background prevent me to get a F1 visa to be back? If US is a case law country, should I count on the successful experience before?
While I agree that your ability to obtain visas in the past is a good sign, you do not say if you disclosed the existence of your criminal record to USCIS or the consul on all of your prior applications. Simply passing a security check does NOT mean the consul knew about your crimes. Most misdemeanor cases are not reported to the FBI. I have run FBI fingerprint checks on numerous clients with verified state misdemeanor convictions and gotten clean reports in response.
A consul is not bound by the fact that you got visas previously. S/he can deny you a visa in the future.I have seen it happen.
You should consult with a reputable immigration attorney about your situation as soon as possible. A criminal record - or misrepresenting one's criminal history - can have lifelong immigration consequences.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
I disagree with both of my colleagues to the extent that questions of this factual load should not be answered on . is not a law office. It is a free general information blog. You are a bit confused on that, it seems since your question is everything but a request for general information.
