Asked in Immigration Law

Q: I was arressted &released on bail just after arrest & later convicted under Indian penal code(IPC) 279 and IPC 338 by

a court for which i was fined Rupees 1000/- under IPC279 for rash & and negligent driving while offence under IPC338 was compounded for rupees 10000/- as a minor 5 years old standing on the road was hit by scooter while i was driving scooter on the road

Question-1- Will It effect my application for tourist visa to USA to meet my relative . Will I get the tourist Visa or not

Question2-Does the above offence comes under moral turpitude or not

Indian penal code 279 and 338 are as follow“S. 338. - Causing grievous hurt by act endangering life or personal safety of others. —Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. “S. 338. - Causing grievous hurt by act endangering life or personal safety of others

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1 Lawyer Answer
Tanvir Joshi
Tanvir Joshi
Answered
  • Immigration Law Lawyer
  • Fresno, CA

A: Disclaimer: The following advice is for informational purposes only and should not be considered legal advice as more facts are necessary to determine the issue. No attorney-client relationship is formed through these questions and answers.

Answer to Question 1.

Most kinds of criminal convictions may affect your eligibility for applying for U.S. Visas. Whether you will get a visa or not, I would assume no one can answer that question.

Answer to Question 2.

http://www.state.gov/documents/organization/86942.pdf

The above link will give you some insight about crimes involving moral turpitude. You will be able to determine if the Crimes under Indian Penal Code will rise to the level of Crimes of moral turpitude under U.S. Laws.

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