Legal Question in Immigration Law in South Dakota

Class 2 Misdemanour and Green Caed

I need a serious advice. I came to US in the beginning of the year 2002.

When I was at University, I had an accident. I hit and damaged a small parking lot structure but did not inform the police (I was not aware of informing police as I was a kind to new to US at that time). Later the State charged me second class misdemeanor and asked to appear at the court. I pleaded guilty and I was fined $140.00. This all happened during the Year of 2002.

After that, I went to my country Nepal then came back again to US completed my undergrad. After completing my Undergrad I worked on OPT and then I am working on H1B now.

Next time, When I go to Nepal, I have to take new Visa (F1 to H1B). When applying for Visa, I have to mention the criminal history. I am scared if I will be denied the visa because of my above mentioned case���

What is the chance of getting visa denied in such case ? Has anybody suffered from such situation?? How difficult will it be for me to obtain Green Card?

If you have idea, Your serious advice is highly appreciated.


Asked on 9/09/06, 12:00 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Class 2 Misdemanour and Green Caed

The second class misdemeanor which you pled guilty to would not appear to involve any of the components of what's called a CIMT(Crime Involving Moral Turpitude)and, therefore, this conviction should not be a basis to exlude you from the United States. (It was, however, probably a mistake on your part to have pled guilty to the misdemeanor offense which sounds more like an accident that a crime.)

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Answered on 9/09/06, 12:23 pm


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