Hi,

I have a question about getting a visa to the US with criminal record.
I was in the USA in 2005 on J1 visa (Work & Travel) and was caught on shoplifing in Orleans, MA. In the court I was told to pay fine but I didn't (I dont remember how much it was, but I think it was something about $200), I just left the state. Now I want to go to the US again, and I'm wondering if:

1) will I have problems with getting a visa?
2) (apparently, the answer for the first question is "yes") can I do anything to improve my chances of getting a visa? will it help if I contact the court and pay them that fine?

Thanx

You will NOT be able to visit America again.

Ana,

all i can say is you have chosen the wrong spot to steal from, how i wish you had some way to think of the consequences......,

quote:

Originally posted by SunDevilUSA:
You will NOT be able to visit America again.

Sundevil, welcome back.

And, yes, you will be denied a visa and if you ever attempt to return, you will be either arrested for the crime and your failure to obey the court order and/or you will be refused entry. If already in the U.S. you will be arrested and placed in removal proceedings.

Bench warrant waiting!! New technology Does not forget!

So let's see....we gave you an object of trust (the J1 visa), you came to my country and decided to steal, then you were ordered to pay a fine and you thumbed your nose at our court system as well....and remind us all again....why the EFF do you deserve a visa?
(be sure to lie on your application where it asks..."have you even been arrested?..")..please...lie to the consular officials....do us all a favor and lie.....(I can't wait to hear the outcome)...once a thief, always a thief....stay the EFF in your country and go rob the stores near where you live....we don't want you here (well, maybe ProudUSC does...she does not discriminate against illegal aliens nor kleptomaniacs nor anyone whose morals are in the sewer)

quote:

(well, maybe ProudUSC does...she does not discriminate against illegal aliens nor kleptomaniacs nor anyone whose morals are in the sewer)

My #1 fan - lol. Can't stop talking about me - lol.

Shoplifting is a CIMT. People with CIMTs are inadmissible to the United States.

There are exceptions to this, when the crime is a misdemeanor and the person was sentenced to a term of imprisonment that doesn't extend beyond six months (180 days).

This is like a waiver, but it's automatic.

Now, if you avoided the punishment by simply moving away, that's a very different story.

That is what the books say. Now, you should talk to a lawyer and ask the questions, this is a message board and not the place to ask for legal advice.

There is also a petty theft waiver for a shoplifting offense. I believe if the goods stolen was less than $400, the maximum sentence that COULD have been given is less than 12 months and you served less than 6 months of any sentence if given. Shoplifting isn't always considered a CIMT.

The bigger problem in this case is he did a runner making a return to the USA near impossible. Most likely a warrant for his arrest was issued on non-payment of the fine. If he does attempt to return he's likely to be denied entry.

That said, it may be possible to return, pay the fine and/or take the prison sentence. It's up to the PoE officer to decide to let him in or not. A long shot though.

Try talking to an immigration lawyer well versed in criminal law before you attempt to return here.

Brit4064, thanks for your reply.
I contacted the court, and they told me that my case was closed in November 2005 and there's no warrant.