DS-260 crime sections - Verdict Appeal

[FONA 6]

I have 2 questions which I hope you can be able to answer please! Maybe this one should be in the legal section, I don't know, otherwise a moderator can move it there, thanks!

 

I have not got selected, and this is mostly a thing I should worry about if I do of course, but I still would like to ask you folks.

 

On the Travel State Gov site, it tells us the following:

 

( Selected entrants are encouraged to complete the online DS-260 application immediately to schedule an interview appointment at the appropriate U.S. Embassy or Consulate. )

 

–

 

I have an ongoing appeal in the court after I got sentenced to 4 moths in prison, last year. It is dated 4th of June, I will get the whole sentence somewhere between 18th and June the 20th. Will there be a problem if I would wait till then to fill in the DS-260 form? I am asking because I don’t know yet if I will be acquitted in some of the offenses/violations, and thereof don’t know what to put in the crime section of the DS-260 form.

 

I live in Sweden.

 

Second question, do you think it would be a problem with this sentence if I would win? Everyone tells me my sentence will get reduced since it was my first crimes, I am indicted of 4 crimes, not so serious really, but still…

 

I’ve heard that if it is under 6 months, there is usually not a problem, but that can also depend on how long time ago it was or so?

 

Best regards!

Edited April 25 by FONA

[appleblossom 1,435]

More info is needed to answer the question, as it depends on the crimes. I suspect it would be an issue if they’re serious enough to result in a prison sentence. But you’ve only got a 1% chance of being selected anyway, so I’d wait and see what happens - if you are selected then it would be time to consult a good immigration lawyer IMO. 

[FONA 6]

16 minutes ago, appleblossom said:

More info is needed to answer the question, as it depends on the crimes. I suspect it would be an issue if they’re serious enough to result in a prison sentence. But you’ve only got a 1% chance of being selected anyway, so I’d wait and see what happens - if you are selected then it would be time to consult a good immigration lawyer IMO. 

Can you even have an immigration lawyer for DV lottery cases? 

 

The crimes:

 

Threats through email to a journalist

 

Harassment - through Instagram to another journalist

 

violent resistance - when I was being pulled over by cops

 

threat against a public official - in this case, the same cops that pulled me over, because they "felt" threatened by my actions. 

 

In conclusion they sound serious, but yet tho they are 4 crimes, I got 4 months, these were my first crimes, happened in 2021/2022

 

 

 

Edited April 26 by FONA

[appleblossom 1,435]

27 minutes ago, FONA said:

Can you even have an immigration lawyer for DV lottery cases? 

 

The crimes:

 

Threats through email to a journalist

 

Harassment - through Instagram to another journalist

 

violent resistance - when I was being pulled over by cops

 

threat against a public official - in this case, the same cops that pulled me over, because they "felt" threatened by my actions. 

 

In conclusion they sound serious, but yet tho they are 4 crimes, I got 4 months, these were my first crimes, happened in 2021/2022

 

 

 

You can have an immigration lawyer for any visa application, even a tourist visa. 
 

Any one of those crimes sound like they’d be enough to give you a potential problem in my layman’s opinion, but cross that bridge when you come to it if needed - if by any chance you do get selected then a lawyer will be able to tell you for sure. 

Edited April 26 by appleblossom

[Family 3,549]

You will have problems …even without the convictions rising to the equivalent of a US “ criminal threat”  and notwithstanding the short 4 month sentencing nor post conviction relief. 
‘I would even guess they could assert a Reason To Believe …xyz.  inadmissibility .
 

https://jnslp.com/2022/03/12/turning-us-vetting-capabilities-and-international-information-sharing-to-counter-foreign-white-supremacist-terror-threats/

 

https://newssafety.org/news/enhanced-criminal-law-protection-for-journalists-in-sweden-a-step-in-the-right-direction-3177/

“Threats and violence aimed at journalists is also targeting democracy and society as a whole, it is therefore a step in the right direction that the proposal suggests enhanced criminal law protection concerning these crimes”, says Cilla Benkö

 

https://www.pbs.org/newshour/politics/u-s-rolls-out-visa-restriction-policy-on-people-who-misuse-spyware-to-target-journalists-activists

U.S. rolls out visa restriction policy on people who misuse spyware to target journalists, activists

[SalishSea 16,853]

2 hours ago, FONA said:

Can you even have an immigration lawyer for DV lottery cases? 

 

The crimes:

 

Threats through email to a journalist

 

Harassment - through Instagram to another journalist

 

violent resistance - when I was being pulled over by cops

 

threat against a public official - in this case, the same cops that pulled me over, because they "felt" threatened by my actions. 

 

In conclusion they sound serious, but yet tho they are 4 crimes, I got 4 months, these were my first crimes, happened in 2021/2022

 

 

 

IMHO you're not getting an immigrant visa for the US, DV or otherwise..

[randomstairs 270]

3 hours ago, FONA said:

 

 

The crimes:

 

Threats through email to a journalist

 

Harassment - through Instagram to another journalist

 

violent resistance - when I was being pulled over by cops

 

threat against a public official - in this case, the same cops that pulled me over, because they "felt" threatened by my actions. 

 

 

[randomstairs 270]

These are pretty serious in a sense that they could qualify as Crime Involving Moral Turpitude (CIMT). If the convictions are reversed, it will be up to the CO to interpret them. Because the victims (alleged or actual) are journalists, this can even fall into some other "Have you EVER" question categories. If the threats and harassments were of purely private matter, you might be able to overcome the problem, depending on the exact nature of the crimes, but if the threats were over ideological, political, let alone religious, reasons, your chances to ever legally set foot on the US soil are low.    

[FONA 6]

6 hours ago, Family said:

You will have problems …even without the convictions rising to the equivalent of a US “ criminal threat”  and notwithstanding the short 4 month sentencing nor post conviction relief. 
‘I would even guess they could assert a Reason To Believe …xyz.  inadmissibility .
 

https://jnslp.com/2022/03/12/turning-us-vetting-capabilities-and-international-information-sharing-to-counter-foreign-white-supremacist-terror-threats/

 

https://newssafety.org/news/enhanced-criminal-law-protection-for-journalists-in-sweden-a-step-in-the-right-direction-3177/

“Threats and violence aimed at journalists is also targeting democracy and society as a whole, it is therefore a step in the right direction that the proposal suggests enhanced criminal law protection concerning these crimes”, says Cilla Benkö

 

https://www.pbs.org/newshour/politics/u-s-rolls-out-visa-restriction-policy-on-people-who-misuse-spyware-to-target-journalists-activists

U.S. rolls out visa restriction policy on people who misuse spyware to target journalists, activists

You are linking stuff that has nothing to do with my case what so ever. 

 

How will I even have problems if I get acquitted? If I get acquitted then that is another thing. 

 

It was not terror threats. The second link you are referring to came to law about 1 and a half year after my latest crimes, and 2 and a half year of my first 2 crimes against the journalists. The evidence isn't 100 percent either. So If I get acquitted there should not be a problem, otherwise I would like to see some sort of proof of that. But those links does not really tell me anything so far. I've heard people with 6 month sentences getting visa. 

 

Also, third link? What has that even to do with my case I am asking about? I was not spying LAMO. 

[Marieke H 2,335]

You seem to want to hear from us that there won't be any issues and that those crimes are no big deal. But they are serious enough to cause issues. We can't give you legal advice; you will need a lawyer for that. 

 

However, as already mentioned, the chance of being selected is extremely small, so this really is a non-issue at this time. 

[manyfudge 273]

The consulate will deny you even if your crimes do not technically reach the level of moral turpitude.

 

And there is no appeal.

 

Even if you are acquitted, they can still deny you if you are applying through a consulate or simply issue you a request for more information and send you for additional screening.  That screening will take forever so that you can never get an immigrant visa.

 

 

 

Also, it isn’t just a question of filling out DS260.

 

A police report is required,

[appleblossom 1,435]

52 minutes ago, FONA said:

If I get acquitted, there should not be any problems, but if my sentence gets reduced, then there might still be a problem. The thing is, these were my first crimes and 4 months is a very low sentence to be honest. 

 

If you are acquitted are then all you need to do is truthfully declare the arrests. 
 

But don’t trivialise it or assume any one of those things won’t be any issue if you’re convicted. People with one crime from decades previously that didn’t receive a custodial sentence can be inadmissible to the US for life. Given how tough the US is on those with a criminal record then if you are convicted then you’re not likely to even be able to visit the US for quite some time (if ever). 
 

But you’d need a lawyer, it would absolutely not be a DIY case. They’ll tell you for sure if you’ve any chance of going to the US. Take it one step at a time - wait and see what sentence you get, then you can consult with a good lawyer if you do get selected in the DV. Or even if you don’t and just want to find out if you can go to the US in the future. 

Edited April 26 by appleblossom

[smilingstone 21]

OP, why are you trying to immigrate to the US when you have such an apparent disdain for it's people? 

[FONA 6]

10 minutes ago, smilingstone said:

OP, why are you trying to immigrate to the US when you have such an apparent disdain for it's people? 

It is not American. I wrote "American" instead of their ethnicity. Their Ethnicity is something else, it was just an example. 

[FONA 6]

16 minutes ago, manyfudge said:

The consulate will deny you even if your crimes do not technically reach the level of moral turpitude.

 

And there is no appeal.

 

Even if you are acquitted, they can still deny you if you are applying through a consulate or simply issue you a request for more information and send you for additional screening.  That screening will take forever so that you can never get an immigrant visa.

 

 

 

Also, it isn’t just a question of filling out DS260.

 

A police report is required,

This is not really true from what I've heard on Youtube and people that actually committed those types of crimes. Don't be mad bro.