Enter USA with an American criminal record

[leeyo]

Hi, I come from France

I obtained an F1 visa on july 2009, and went to Nebraska on a basketball scholarship.
During Halloween party, some cops gave me a MIP (minor in possession of alcohol)
I went to see a judge and was convicted for this crime, and got an 250 dollars fee that I paid;
Now I am trying to go to california on january.

So her are my questions:
- Do I now have a criminal record in USA ?
- Can I possibly get ejected of he country ?
- Do I have to lie to the customs saying that I don't have a criminal record
- If I have one, can they see it with my fingerprints?

I also never gave the police officers and the judge my passport number or my social security number.
Can they find out by themselves ?

[sumo19]

Did you give them your finger prints? If you were arrested/convicted them I think you have to give them your finger prints.

When you go to the USA, your fingerprints will probably flag up at the imigration.

However, this does not necessarily mean that you will not be allowed to enter the country. Will you be using the Visa Waiver Program (VWP) or a visa again?

If you use the VWP, then it depends on wether a MIP is considered a crime involving moral turpitude. (I pretty sure it is not, but don't take my ord for it). The US Authorities only want you to declare arrests/convictions for cimes involving moral turpitude when you try to entre the country.

I would imagine that you would have to apply for a new visa, if you wanted to go to the USA on a visa, and declare the conviction. You may still get the visa too, because MIP (I don't think) is a crimeinvoling moral turpitude.

To be ineligible for admissibility into the USA-

For Visa Waiver Program- Have been arrested for Crime involving moral turpitude.

For ineligibility for a Visa- Have been convicted of, or admitted guilt to a crime involving moral turpitude.

However, for the VWP, if you try entering the country on this, legally doing do if the crime is not one involving moral turpitude and you meet all other requirements, they may still turn you away. There is no right of appeal if the border authority decide you can't come to the country. They are the important ones who decide whether a crime is involving moral turpitude, no matter what you think.

Also, being deported may make it alot harder for you to re enter the country in the future.

I am sure they would know about the criminal record. (you do now have one in the US as yu were convicted)

[sumo19]

*MIP is not a CIMT