Results 1 to 3 of 3
  1. #1
    Join Date
    Dec 2005
    Location
    Illinois
    Posts
    4

    Default Visa Form and Arrest Record

    I was arrested in 2001 for retail theft and afetr completing the court supervision the case was dismiised. I am in the process of getting my record sealed but would like some help. You would have dealt with similar cases and would know that there is a question in the visa forms pertaining to this problem.

    I am on an exchange visitor visa and when I would be applying for another visa for entry into the US (after I leave the country) there is a question dealing with this in the form which reads;

    " Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?"

    If I have the record sealed or expunged would I still have to answer yes to this question and secondly whether having an arrest for retail theft on my record automatically disqualifies me for entry into the US? Please let me know what has been the case with other applicants with similar scenarios. Were people with similar problems allowed to enter the US again?

    Thank you.

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

    Default Re: visa form and arrest record

    Quote Quoting gaitri2005
    If I have the record sealed or expunged would I still have to answer yes to this question
    You can confirm it with your immigration lawyer, but it would seem that you do have to disclose your arrest.

    Quote Quoting gaitri2005
    and secondly whether having an arrest for retail theft on my record automatically disqualifies me for entry into the US?
    Although theft is a crime of moral turpitude, shoplifting charges may fall under the petty offense exception and thus not necessarily disqualify you from immigration.

  3. #3
    Join Date
    Dec 2005
    Location
    Illinois
    Posts
    4

    Default petty offense vs crime of moral turpitude

    What determines whether it is a crime of moral turpitude vs the petty offense exception?

    I was arrested in Illinois and the total value of the items was termed to be less than $150. There was no conviction but I pleaded guilty which i guess is the same as far as the visa application form is concerned.

    Could you tell me is this is a petty offense and whether I need a lawyer to help me?

    Secondly, how would an immigration lawyer be of help to me and what are the questions that I should have for one?

    thank you for the previous replies.

    1. Sponsored Links
       

Similar Threads

  1. Visa Waiver Program: Can You Qualify for Visa Waiver With an Arrest Record
    By Library in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 06-08-2011, 01:39 AM
  2. Criminal Law Issues: Student Visa Application with an Arrest Record and Pending Case
    By stockton2010 in forum Immigration Issues
    Replies: 3
    Last Post: 06-07-2011, 09:19 PM
  3. Theft and Larceny: I Have a Sealed Record. Does Record of My Arrest Still Exist
    By KCR in forum Criminal Charges
    Replies: 9
    Last Post: 06-04-2011, 07:49 PM
  4. Criminal Law Issues: Will My Arrest Record Affect My F1 Visa Application
    By stockton2010 in forum Immigration Issues
    Replies: 5
    Last Post: 05-02-2011, 04:59 PM
  5. Criminal Law Issues: Reporting an Arrest on a Visa Application Form
    By prilla in forum Immigration Issues
    Replies: 2
    Last Post: 04-04-2009, 10:29 PM
 
 
Sponsored Links

Legal Help, Information and Resources