Criminal Law Help. i got a ticket similar MIP

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ausamsam

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I got a ticket for "sell/furnish alcoholic beverage to a person underage of twenty-one. sec 67-1-81" in Mississippi. I was charged $500.It was first offense misdemeanor. I don't have other crime. so this is my situation.

I have couple questions. and I am really worrying for my future.

1. there is a question in DS-156

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Haveyou ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

Would my ticket be a "yes" for this question?
Would this be a problem to my future student/working visa?

2. Is this going to stay in my record forever? I have heard people told me about Expungement. Would that help for my future and how do I get that work? And if i did that, can i tell people i have no criminal record in the USA and my country?

3. Is this ticket be one of the moral turpitude? I know moral turpitude is really bad.
 
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1. there is a question in DS-156

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Haveyou ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

You have to answer yes, and be honest about what happened. Get an immigration lawyer who also practices criminal law to do your plea agreement. Don't use a criminal lawyer who has no knowledge of immigration law………The plea must be made in a special way given your status/

Would my ticket be a "yes" for this question?
Yes
would this be a problem to my future student/working visa?
It is a crime but not enough to deport you or mess your status. It qualifies under the petty offense exception in immigration law………SO you are okay.

2. Is this going to stay in my record forever? I have heard people told me about Expungement. Would that help for my future and how do I get that work? And if I did that, can I tell people I have no criminal record in the USA and my country?
It would remain on your record until it is expunged or seal when you turn twenty-one depending on your state's law……It is a criminal record.

3. Is this ticket be one of the moral turpitude? I know moral turpitude is really bad.
It might be viewed as moral turpitude………….But you are okay since it qualifies under the petty crime exception. So you will be okay. You can use the exception just once……….so be careful!! You can read my old post on petty crime exceptions…………..
 
thanks

I did not get a lawyer because people said it would not be a big deal bu when i realize i needed a lawyer... it was too late. i plead no contest just like guilty.

I am trying to get a lawyer to do the expungement. so if i cannot get back, I can at least go back to my country and say i have no record..

would i still need to say yes in DS-156 after i get the expungement?

can you post your link for petty crime exception? If that is a petty crime exception, do i need to file a waiver? if yes, how???

thanks again. people in this small town just don't know anything about this.
 
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I try to find information about petty offense exception on travel.state.gov but i cannot find anything :(

Is my ticket a CMT? (i really think it should not be) if no, would that still fall into petty crime exception? Do I still have one more to go (not like i will break law on purpose but I am just really scared and walk every step really scared.)?

it is a criminal record but after i get it expunged, i can still tell people i have no criminal record, right?

Please anyone tell me what I should be careful about my future visa/green card application.
 
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Go read here about petty offense exception.......
http://www.murthy.com/news/UDshoplg.html
If you check all of my post by clicking on my name and search all my post. All your questions or similar once have been answered there.
It is hard to say if MIP is or if it is not a CIMT.... It varies circumstance and statement reports. Even if it is, you are okay under the exception. CIMT are things which if you do can raise questions about your morals.......So you decide. There is no exact law on what is not. MIP might even just be an infraction (like speeding ticket).......It is hard to tell. But it is a crime so you cannot say you don't have a record. Even if you expunge it, you have to admit it to US immigration when ever you are dealing with them. There is a central system which makes them have access to all crimes committed in the US and even expunged data. Back in your home after expunging, you can say it never happened. Read your state's statute on expunction. Most states give you the right to claim it never happened. There are a few exceptions....But to immigration, it happened and you must say it. To employers and the rest of the world, you can say it never happened. But make sure you crime is eligible for expunction via a lawyer.
 
yea i talk to a lawyer and she said i can expunge it as soon as I can pay for her fee... in mississippi a lot of people have this and I found this website
http://en.wikipedia.org/wiki/Moral_turpitude
liquor problem should not be a moral turpitude. if it is, there are a lot of moral turpitude crime in Mississippi state or even this country.

where can I get the circumstance and statement report?

so what i understand is: expungement does not work in US government but it works the rest of the world.

thanks.
 
just got a email that from a lawyer. he said i might have to file something called waiver in the future.
since my case in petty crime exception, in the future, do i just apply the visa like other people without a record? (fill the forms, go to the embassy, see the officer.... etc)
 
\part one.........I told you it is hard to define moral turpitude...........Read my previous post. For an adult with first DUI, it is not moral turpitude. For a kid MIP it could be because you are not of the age.........It does not matter much because each decision is made on a case by case bases based on evidence and police reports, and statements. By statements I mean any police reports or your statement if they took one. I have answered all your questions already. You keep asking same questions. If you Read all my post to you, it should be clearer.......\Read all one more time.You must admit to the MIP in any form of immigration forms or visa. Once the embassy or immigration officer knows, they would decide on what to do...........Read my previous post.
 
\part two.........They would factor your complete application and decide on what to do. They have the right to refuse even though it qualifies under the petty offense exception. It might make someone deny you. But by immigration law, it should not affect you. It could cause bias and make them deny while giving you a different reason for denying. Given the number of people trying to come here, it might reduce your chances. As I said, MIP does not qualify you for a waiver!! Are you talking with an immigration lawyer? If a lawyer told you that, they know nothing about immigration law. You don't need a waiver for something which cannot under immigration law be used against you...............The embassy cannot deny you a visa because of the MIP because it is covered by the exception. They would give you some other reason and so you would not need a waiver. Denying you because of the MIP is violating the petty crime exception.
 
well i guess i have nothing to worry. or i cannot worry
it is all depended on the officer in the embassy...
well i just need to be careful for the rest of my time in the USA.

after i read most of your post, i know i need to get all the paper work that the court or city hall can give me.

What if the police did not give a report? i think he just turned in a ticket without anything else. how do i know if that is a CIMT? I am dying to know if that is a CIMT...
 
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If that is all the cops turned in, that is okay. Don't worry about it......You can't change what has happened. Just thank God it falls under the exception. I see people who commit small crime which are not covered by the exception. So just be careful.........
 
oh your last part.........A CIMT is any crime or infraction which questions your morals character or can be viewed as bad moral behavior. Things like theft, fraud, prostitution, drugs, assault……..But MIP is tricky. It could be view as a kid experimenting…. As I said earlier, I don't think it is but it could be because you are under age. Generally, underage crimes are not held against someone unless it is a serious crime. Sometimes immigration could look at it as a CIMT if you lied or was not honest about it in the police report if any. In immigration law, there is no one rule for every case. Circumstances in one person's MIP might have evidence of CIMT depending on reports which another person's own might not. Many lawyers in immigration law can't tell what exactly it is……Even if it is you are protected by the exception. But since it is just a ticket, and no reports, you should be okay. It is probably just an infraction in your state. You are okay!! Calm down……….
 
thanks a lot. now i can less worry in two years.
actually should I renew my visa? I can stay here as long as I am a student but i do want to go back to see my family. my visa will expired in June 2009. I can go back to my country for a month then come back before it expired. will the INS think i am trying to cheat with the law and not allowing me to renew my other visa?

i am not underage. i was getting drink for my friend (underage and myself) so I got in trouble. that is why i am worrying.

i emailed to a lot of lawyers about this but all they said is to pay for 1000 dollar to let them do the research. i am just a student so i really don't have the money. :( the local cheaper lawyers just tell me to do expungement (i will open a new topic about this).

in my state, it is a misdemeanor... i do not think there is any report though.
 
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Were you charged with DUI or just offering alcohol to a minor? You can go home and visit while your visa is valid. Just hold any relevant paper work if any........DHS .........new INS would not bother about what you are doing if your visa is valid. You can even enter here on the last day of your visa. A visa is just an entry document. If you violate your status or conditions for your visa, you are not different from someone who has no visa. Your I-94 validity is even more important.
 
Not DUI, just offering alcohol to a minor. they call it "sell/Furnish alcohol to a minor." mississippi code 67-1-81

I just want to know if the officer will ask me some crazy question like:
why did you not renew your visa last year? (if I came at the last day of my visa and I still need to renew my visa some day.) and he might think "hey he got misdemeanor and trying to play game with the law by getting back at the last day of the visa... should I give him a visa?"

I just want to do it with the right way so i can really stay here study and work.
 
The immigration officer would not ask you why you did not renew your visa. You don't need to renew a visa when your visa is still current. A visa is valid only for entry at a port of entry. If you are a student, once you get in and are still in school, even if you visa expires, you are still here legally and not out of status. You could still answer about the misdemeanor that you did not know at the time the guy's age. So you just accepted the fine. This would work if they have no reports and just gave you a ticket. So check with the clerk's office to see if there was anything extra filed. If there is nothing extra, you are fine. The only time you need a visa is if you would get into the US when the current one is no longer valid.
 
so after all, do you think i need to get a lawyer to look at my case or get visa? (do immigration even let lawyer help on F-1 visa?)
 
Your visa is valid why do you need a lawyer or new visa now? YOur offense is under the petty crime exception..........Read all my past post about why that can't be used against you.I thought you said you had pleady no contest? A lawyer can't do much now. However, a lawyer can appeal your dicison to plead guilty if you want to plead not guilty now.
 
my visa is still valid until summer 2009 (2 years). but i still have 1 year undergraduate, 2 years master degree, maybe 2 more for PhD. so i will need to renew. i just want to know and see if i need time and money to prepare if i need a lawyer.

other kind of lawyer can help me do expungement...

i guess i am just worrying too much. and i probably will be like this for 2 more years. i hope i won't go crazy.
 
You don't need a lawyer to renew your visa at any point. I told you a visa is a traveling document. Many people don't understand that. If you never travel and remain in the US as a full time student, you are still legal even when your visa travels. Your status here is valid provided you are respecting F-1 student rules. If you are in school in 4 years, even though your visa has expired, you are okay!
 
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