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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

Samanthajayne

Hi There,

I am looking for some advice.

I am 20 years old, and am applying for my i130 visa. So far I am waiting for the next set of paperwork from nvc i164 i think.
I am extrememly worried about my visa being denied.
I have got back my crb check, and it has details of when i was cautioned for shoplifting.
I was 17 at the time, and am 20 now. It had never happend before or since. I learnt my lesson, and am scared the embassy wont see it like that.
Does anyone know the specifics, of the law on this matter?
I was caught shoplifting an item under £10, and then the police came and took a statement, and i had my finger prints taken, and had to attend a youth course which consisted of meeting with a councillor and making a poster to demonstrate how stealing is wrong. I was never arrested or had to go to court.
Is there anyone out there who has immigrated, with a similar offence?
Also my husband has a criminal record, but does that have any effect?

Hope someone can help : )

Good Luck to all
Credzba
QUOTE(Samanthajayne @ Aug 16 2007, 11:00 PM) *
Hi There,

I am looking for some advice.

I am 20 years old, and am applying for my i130 visa. So far I am waiting for the next set of paperwork from nvc i164 i think.
I am extrememly worried about my visa being denied.
I have got back my crb check, and it has details of when i was cautioned for shoplifting.
I was 17 at the time, and am 20 now. It had never happend before or since. I learnt my lesson, and am scared the embassy wont see it like that.
Does anyone know the specifics, of the law on this matter?
I was caught shoplifting an item under £10, and then the police came and took a statement, and i had my finger prints taken, and had to attend a youth course which consisted of meeting with a councillor and making a poster to demonstrate how stealing is wrong. I was never arrested or had to go to court.
Is there anyone out there who has immigrated, with a similar offence?
Also my husband has a criminal record, but does that have any effect?

Hope someone can help : )

Good Luck to all


I don't know the answer, but I really do not think the immigration people will care about such a minor thing.
Here in the USA, all records before you are 18 are sealed as you are considered a child.

I think you will be fine. Just make sure when you go to your interview you can answer a question about the incident. Say what you wrote here, and I am sure you will do fine.
Sand
good luck !
kitkat1
Shoplifting is considered to be a crime of moral turpitude by USCIS (because there was implied intent to commit fraud) and generally requires a 601 waiver to waiver the inadmissability. I suggest a consult with a qualified attorney to see if it will impact you since you were under 18, but it was not five years ago.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to Receive Visas

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
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