> I need some help here...
>
> I'm a 20 year old student, and I was stupidly stole money from my
> workplace last year where was caught, and sentenced with some
> community service.
>
> I'm quite depressed that this may affect my ability to holiday in the
> USA or to eventually live or work there if I ever wanted to. I've
> asked on loads of forums for advice and simply never get clear advice!
>
> I understand that legally, if I wanted to go to the USA on holiday for
> example, I need to especially apply for a Visa through the american
> embassy in London. Now, according to the US Customs website, it says,
> 'Generally, any convictions for drug possession can result in denial
> of entry. If the conviction was long ago, you might contact the U.S.
> Embassy, Office of Consular Affairs in your country to obtain a
> waiver. Other misdemeanors may result in denial if they were recent.'
>
> So, I assume mine would count as an 'other misdemeanor', though it was
> recent of course. However from that wording, it seems that if this was
> ten years in the future, I would be allowed in as it would no longer
> be recent.
>
> So, first of all, if I was to apply for a visa, how likely is it I'd
> be accepted? If they interview you I could certainly explain myself-
> I've been well educated, have otherwise been totally troublefree, and
> I only took the money I did in order to fund the costs for my
> university degree and deeply regret it more than anything. If
> accepted, how long does the visa last before I have to go through the
> process again?
>
> Finally, I understand some of the implications if I just didn't
> mention my convictions and just travelled there as normal. However, if
> I tried to apply for a visa in the future, or attempted to live in the
> USA, would they automatically see that I illegally entered the country
> beforehand and therefore bar me?
>
> It just seems that I could 'risk' going in and probably be mine, or I
> could apply for a Visa, be denied for it and therefore be barred for
> life (or is it for a set number of years? Either way, I doubt they'd
> allow me to try and enter again).
>
> Thanks for any help. All this is making me incredibly depressed.
Whether your convuction will be a problem for entry into the U.S.
depends on what you were specifically convicted of under the applicable
criminal statute.
Under immigration law, certain criminal convictions will render a person
unamdissible to the U.S. The most common group is any conviction that
is considered a crime involving moral turpitude (CIMT). If you are
convicted of something considered a CIMT, you are generally rendered
inadmissible unless you were a youth or unless you qualify for the petty
offense exception.
Initial analysis is whether your conviction falls under a CIMT. One
common CIMT is theft, so if your conviction is for a theft related
offense, chances are it is a CIMT.
If you were 19 at the time, you would not qualify as juvenile offender.
Next step is if your conviction is a CIMT, to see whether you qualify
under the petty offense exception. The criteria are that you only have
one conviction where the maximum penalty under the particular criminal
law is no more than a year in jail and the sentence actually imposed was
not more than six months in jail. If one meets these criteria, the bar
to inadmissibility may not apply after all.
First you need to determine if your conviction is a CIMT. If yes, you
need to determine if you qualify under the petty offense exception. If
no and you are inamdissible, you will need a non-immigrant waiver to
enter the U.S.
Regards,
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
awilson@srwlawyers.com
www.srwlawyers.com
--
Posted via http://britishexpats.com |