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Nikolatesla

Reapplying for F1 visa with Felony&Misdemeanor

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Hi,

I came to U.S in spring 2017. I met with an accident after 3 months. Accident was my mistake. I was given citation for "leaving the scene of accident" with court appearance in Illinois.

However, I did not intend to leave the scene but i tried to move my car from the accident spot which is an intersection and move it to safe place few meters away, moreover as soon as i moved the car to safe place, i myself called 911 and reported the accident to police . But few people from around came to me and shouted at me saying "I'm trying to leave the accident scene".

When police officer came to me i explained the whole thing, but when the officer is talking to bystanders they accused me of leaving the scene, and i was cited for "Leaving the scene"

Following my seniors advice i attend court alone without an attorney, i was frightened by the court atmosphere and the sentences being read out. As soon as my turn came i was almost shivering  and i explained whole thing to the Judge, i was asked a lot of questions and finally i pleaded guilty to leaving the scene.

I was ordered 150 public service hours, with 12 months probation and court costs.

I satisfied all the requirements set by the court. However, This event along with 150 public service hours shook me mentally,  i couldn't focus on my studies in the upcoming semester, which led to poor GPA. Also, it's almost 1.5 years since i visited my family and i decided to return to India, i informed my University that i returned back, so they terminated my SEVIS.

It's been a year since i came back to India, i'm planning to apply for Masters program again and attend F1 visa interview.

Few days ago i searched the county's court records and my case showed up as Case type:Traffic, Charge level:Class A Misdemeanor, but in the events and hearing section it's showing up as Felony and Misdemeanor. (attached the image below)

My visa was "not" revoked either by email from the consulate or at the boarding gate at the airport while i'm returning back.

I just want to know if i pleaded guilty to a felony. If yes, will there be any consequences if i were to apply for any type of U.S visa? Will i be denied entry at Port of entry?

Any help will be appreciated. Thank you.

 

Case1.png

Court.png

Edited by Nikolatesla
Adding citation information

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hard to say, though it appears it was classified as a misdemeanor...however, a CO will not look kindly upon someone who has shown (apparently) some blatant disregard for our laws, as leaving the scene is considered a serious event...it may be that it was reduced to a mis-d because no one was hurt badly...still...you plead guilty, so trying to craft a new story will not inspire confidence in a CO to grant you a visa...as the presumption behind granting a visa, especially a non-immigrant one, is that the holder will abide by all of our laws and rules - something you clearly have not done in the past. All anyone has right now is your version of what happened...which appears to try and deflect any responsibility away from you...again, something that a lot of COs have very little patience in hearing (and believing)...

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On 12/17/2019 at 8:45 AM, Noah Lott said:

hard to say, though it appears it was classified as a misdemeanor...however, a CO will not look kindly upon someone who has shown (apparently) some blatant disregard for our laws, as leaving the scene is considered a serious event...it may be that it was reduced to a mis-d because no one was hurt badly...still...you plead guilty, so trying to craft a new story will not inspire confidence in a CO to grant you a visa...as the presumption behind granting a visa, especially a non-immigrant one, is that the holder will abide by all of our laws and rules - something you clearly have not done in the past. All anyone has right now is your version of what happened...which appears to try and deflect any responsibility away from you...again, something that a lot of COs have very little patience in hearing (and believing)...

Thank you for the response.

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I am curious , why you did not fight the charge "properly"? If you plead guilty that means you did it period. IMHO I see very little merit in getting your new F1 approved. But that should not stop you from trying.

For what you pleaded guity to, you would have to work with an immigration attorney to review your charge and disposition in depth. No one here can help you on that and neither should you accept any suggestion from anyone else.

 

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6 hours ago, xTDx said:

I am curious , why you did not fight the charge "properly"? If you plead guilty that means you did it period. IMHO I see very little merit in getting your new F1 approved. But that should not stop you from trying.

For what you pleaded guity to, you would have to work with an immigration attorney to review your charge and disposition in depth. No one here can help you on that and neither should you accept any suggestion from anyone else.

 

Thank you for the response.

At that time it's been only 3 months that i'm in the U.S, so i'm not familiar with attorneys. I went to International student office at my University after the accident and they said "We don't interfere in these issues, you have to deal with them on your own". So, i went to my seniors and asked them what should i do, they said "since it's a traffic citation, court will most likely ask you to pay fine and do some community service". So, i went alone to the court. Otherwise i could've hired an attorney. In these forum's itself, i have read many posts, where major charges reduced to petty offenses or pre trial diversions just because they hired an attorney.

After that incident, i didn't receive a single citation or ticket. I learned my lessons. Now i decided to apply for F1 visa for Fall 2020. I will be honest and truthful for what i did. If my visa is approved then it's okay, else i will go to Germany, or i will start a startup in my home country. I never thought U.S as my final and permanent destination.

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