F1 student visa renew once had a probation for misdemeanor?
Your lawyer needs to look up the definition of “conviction’ in the immigration law. Being placed on probation is a form of punishment and a restriction on one’s liberty. The term “conviction” means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where- (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed. The real question here is, was it a felony or a misdemeanor? If it was a misdemeanor, you may be lucky enough to be able to apply for reinstatement or a new F-1 visa. 8 CFR 214.2(g) “Criminal activity. A condition of a nonimmigrant’s admission and continued stay in the United States is obedience to all laws of United States jurisdictions which prohibit the commission of
