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  1. #1
    Join Date
    Jun 2015
    Posts
    1

    Default Obtaining J1 Visa with a Prior Conviction for Shoplifting Outside of the U.S

    Hello,

    I am applying for a J1 Visa to study in the United States. About seven years ago, I was convicted to around 40 hours of community service for shoplifting in my home country. This conviction has been deleted from my criminal record since, it is without entries now.

    Am I obliged to disclose this conviction even if it has been deleted from my criminal record?

    And would the disclosure of it be grounds for dismissal of my application?

    Thanks for any help,

    Miko

    - - - Updated - - -

    I just looked at my old court records, and actually the case was closed under the condition that I completed the community service. So I guess it does not count as a conviction in that case?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Obtaining J1 Visa with a Prior Conviction for Shoplifting Outside of the U.S

    You will need to research issues relating to your charge under the laws of the nation in which you were charged. Every nation has different laws.

    The USCIS expects you to provide honest answers to any questions it asks. If you are asked about your full criminal history, including offenses for which the disposition has been sealed or expunged, you are expected to answer honestly. From what you have told us, your answer to the question on form DS-160, "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?" would be "yes".

    Odds are your charge and disposition would not be regarded as disqualifying, but that's not something we can fully analyze in the abstract. If you are concerned you should discuss the details with an immigration lawyer.

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