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  1. #1
    Join Date
    Mar 2010
    Posts
    6

    Default Can You Legally Enter the U.S. With a Misdemeanor Criminal Record

    I got caught on a shoplifting incident ($75 item) on VA 4 years ago while I was on a J1 student visa, because of toughest laws of VA, the situation ended up by spending 2 days on jail. (30 days,26 suspended and 4 days on jail).
    I have two questions.

    1- what are my chances to visit the US back for a conference? Is there any documents that I should prepare for counselor to check my record and convection?

    2- Im planning to immigrate to canada, Do I have to wait 5 years to start the immigration process? Im asking this because I found this in one of Canadian lawyers website.

    "Important note: The misdemeanor-felony distinction in U.S. law is not an important distinction for the purposes of Canadian immigration. Even misdemeanors may result in criminal inadmissibility.

    If you have spent any time incarcerated or in jail, even if you have been detained temporarily we advise having a legal opinion prepared to explain the circumstances of the detention and convince the visa or border officer why you are not criminally inadmissible to Canada. "


    I really appreciate your help!

  2. #2
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: Can You Legally Enter the U.S. With a Misdemeanor Criminal Record

    YMMV. Obviously you are a thief. That was the only time you were caught on record. It is likely neither country will want you to come and steal more.

  3. #3
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Can You Legally Enter the U.S. With a Misdemeanor Criminal Record

    You should carry all documents relating to your conviction. You also have a problem in that you have a stated desire to immigrate from your home country.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can You Legally Enter the U.S. With a Misdemeanor Criminal Record

    Quote Quoting marco76
    View Post
    1- what are my chances to visit the US back for a conference? Is there any documents that I should prepare for counselor to check my record and convection?
    Are we talking about a B1/B2 visa, visa waiver, or something else?
    Quote Quoting marco76
    2- Im planning to immigrate to canada, Do I have to wait 5 years to start the immigration process?
    Consult Canadian immigration authorities. As you were told when you posted, this is a u.S. site.

  5. #5
    Join Date
    Mar 2010
    Posts
    6

    Default Re: Can You Legally Enter the U.S. With a Misdemeanor Criminal Record

    Im talking about B1 visa

  6. #6
    Join Date
    Sep 2005
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    Default Re: Can You Legally Enter the U.S. With a Misdemeanor Criminal Record

    Although I can't promise that a prior criminal record won't create issues at the port of entry, if you are approved for a B1 visa despite having the incident in your record and having disclosed it on your DS-160 it's reasonable to infer that you have been granted the visa under the petty offense exception to CIMT and odds are you will not have a problem when you attempt to enter.

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