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Lisa asked in 政治及管治法律及道德 · 1 decade ago

朋友因版權問題留有案底,是否可以申請到美國結婚定居

朋友因版權問題留有案底,請問是否可以申請到美國結婚定居,在緩刑期間是否可以申請美國旅遊?

Update:

是因版權判刑,緩期執行,在刑期滿後自動解除的, 是否屬重案組. 是否可在三年內無犯罪記錄, 可以申請到美國結婚定居, 另外朋友是持簽證書, 緩刑期間是否可以簽證去泰國,越南等旅遊, 謝謝!

Update 2:

因此而結束這份姻緣? 很悲哀, 是否有甚麼方法維繫這樣的異國婚姻? 在刑期滿後, 是否可以申請簽證去美國旅遊. 非常感謝答覆!!!

4 Answers

Rating
  • 1 decade ago
    Favorite Answer

    First off the bat, not all Criminal Record can affect your application to US for either Travel or Residency

    朋友因版權問題留有案底,請問是否可以申請到美國結婚定居

    Okay, let's just say your friend have a criminal record. BUT (This is a big but) there are 2 type of criminal record in US and they will only count those 2 type when considering their Visa application, including permanent residence visa.

    The two type of record is a Felony and a Misdemeanor.

    Felony is an offence that trial by jury and was presented to a count. If you get a felony, you would hand down a lenghty jail term. In other country, including HK, this may called indictable offence

    Offence such as fraud, murder, rape, grand laceny, grand theft auto and else which carry a mandatory jail sentence is considered a Felony

    Misdemeanor is for minor offence, which usually dealt without the present of jury, in common law court, it would be handed down by a majestrate, which usually just involve a find and or jail sentence less than 6 months. In common law area, this also called summary offence.

    Offence such as neglient driving, petty theft, drink driving and other minor offences which does not carry a mandatory jail sentence is considered a Misdemeanor

    According to US Migration Act, you are excluded to apply any visa if you have a Felony, but you can still apply any visa to US if you have a misdemeanor and you did not reoffend it for 3 years

    However, since you mention a suspended sentence, a suspended sentence is a sentence with jail term, which would belong to Felony group. So, the chance of getting residence permit in US is not good.

    在緩刑期間是否可以申請美國旅遊?

    Again, if you have a misdemeanor record, you need to wait until your conviction become spend (ie 3 years without reoffending) then can you apply for any US Visas.

    2009-07-01 18:09:43 補充:

    The headline is, you do not need to get CNCC for travel purpose, so technically you can lie your way though, but do bear in mindthe US Immigration will conduct random check on visitor at immigration counter

    2009-07-01 18:09:48 補充:

    and they would know once they check it, just a simple phone call to place of issue of your passport.

    2009-07-02 00:11:37 補充:

    是因版權判刑,緩期執行,在刑期滿後自動解除的, 是否屬重案組. 是否可在三年內無犯罪記錄, 可以申請到美國結婚定居

    Does not matter if the sentence was suspended(緩期) suspended mean you do not need to go to jail given some circumstance, but that is also counted as a jail sentence. IT will count as a felony

    2009-07-02 00:12:28 補充:

    Criminal record will not be dismissed any how after you get it to spend. It will still be there and it will still show up when you get your CNCC.

    2009-07-02 00:13:47 補充:

    Apply K-series visa need to get CNCC and therefore this record will show and 95% of the time will have your current visa revoke or rejected.

    Unless you can shown document to proof that your friends crime are indeed a misdemeanor, otherwise, your friend cannot apply residence

    2009-07-02 07:00:04 補充:

    US Migration Act mean US Migration Law in general. I did not say which law becuase i forgot where it come from. The Migration law in US is called USC something to be exact.

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  • Gary
    Lv 7
    1 decade ago

    I rather not to answer this. But here is my some comments:

    1. There is no such thing called US Migration Act.

    2. You should check with your probation officer. He is the one who determine the yes and no.

    2009-07-02 06:56:42 補充:

    3. The best way to find out if your criminal record will affect is to apply a actual visa. Without that, no one can really answer if you will be rejected or not.

    2009-07-02 06:56:46 補充:

    Copyright violation can be a serious offense. It depends on how exactly happened. So for sure there is not enough information to determine.

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  • ?
    Lv 7
    1 decade ago

    copy right is US federal offence, it is serious crime in US.

    i don't think your friend can be easily to migrant or received the travel visa to American.

    in probation period, you friend can not leave HK to other country.

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  • Edmond
    Lv 7
    1 decade ago

    版權案底屬刑事,沒有國家會歡迎有刑事記錄移民的。申請美國旅遊簽證不需出示良民証,當然可以申請。

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