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  1. #1

    Default Will a Shoplifting Conviction Prevent a Tourist Visa

    My question involves criminal law for the state of: Michigan


    I am a 30 year old woman living in South Asia and I have a legal problem which may bar me from obtaining a US Tourist Visa.

    In 1996 I was charged with shoplifting in Michigan. I had just turned 18 years old and I took an item worth less than 100 dollars. I was fingerprinted, but was told not to worry as my crime would not be kept on record, if I met all the requirements.

    I went to the court and the judge said, as it was my first crime, I would need to do community service and pay 100 dollars. However, the problem was that my family and I moved back to my home country, and ultimately I was unable to carry out the community service and also did not pay the 100 dollars. I am repentant, but do not know what to do.

    Since 1996, I have moved back to my home country (in South Asia), graduated from university and have been working at an international organization for 5 years.

    I would like to apply for a US tourist visa, but am afraid I may be refused because of my prior shoplifting charge. I would like to know the best procedure in applying for the Visa.

    1. Will I be refused a USA Tourist visa because of a criminal record as minor as shoplifting 12 years ago?

    2. I do not have much information of the shoplifting charge, as I cannot remember any of the details. I never received any letters from the court afterwards, likely because I had left the country.

    4. May I go ahead and apply for the Tourist Visa to America and tick NO, for criminal convictions. Is this very risky?

    5. If I am issued a tourist visa, is there a possibility I would be stopped at passport control once I arrive in America?

    6. My current employment may even require me to be posted to America and I would be issued a G4 visa, how will the shoplifting charge effect me?

    I am very worried of the consequences to follow. I would like to resolve this as best as possible and I don't want things to spiral from bad to worse.

    I look forward to your advice.

    Thank you.

  2. #2
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: Will a Shoplifting Conviction Prevent a Tourist Visa

    1) Firstly, you weren't a minor. In the US, you're an adult at 18, even if you only just turned 18 before your...ah...shopping excursion. Secondly, since you didn't carry out the terms of your probation, that's still on your record.

    That could be an issue for you.

    2) If you contact the Clerk of Courts in the county in which you were convicted - and you really should - s/he will be able to provide you with details - including whether or not there are any warrants out for you. And there may be, since you left the country without doing your community service or paying your fine.

    You really want to get that taken care of before trying to come back to the US.

    3) There is no 3).

    4) Good heavens, NO, do NOT lie on your form. I promise you, you WILL be found out and you'll be turned away. And possibly barred for a period of time. Don't, don't, ever, ever lie on immigration forms.

    5) It's entirely possible, but no one can say for sure one way or the other.

    6) If you don't get this straightened around, it could keep you from getting a G4.

    You'd do well to get an attorney specializing in immigration law to help you get yourself sorted out.

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