experience applying for K-1 Visa w/ petty theft charges?

[Kaebrace 0]

Hi there,

I started my application for the K-1 Visa in late September of last year.

Due to some technological errors (my packet 3 documents not being received) we've been set back a little already, but here is my new dilemma...

Yesterday I was caught shoplifting from a retail store (stupid mistake, don't remind me).

It was my first time ever being in any kind of trouble with the law, but now I have a pending court date scheduled for the 1st of September.

The total amount taken was worth $16, so this will obviously fall into the category of "Theft under 5000" and hopefully reduced to a misdemeanour.

Does anyone have any experience applying for K-1 Visa's with petty theft charges?

I filled out my ds-160 and got my criminal record check done prior to this happening.

Do I need to update anything or will I just be required to present the court documents at my interview?

How long does it generally take to receive all court documents after your court date?

What is the likelihood that an offence like this will cause my case to be denied?

I am tearing myself up over this silly mistake and worrying myself to death that I won't be accepted over a $16 theft.

Any help would be seriously appreciated.

[TBoneTX 43,058]

*** Thread moved from K-1 Process forum to the Waivers/AP forum -- topic involves this type of matter. ***

[Russ&Caro 1,548]

Can we assume your future spouse knows about this?

Edit: The reason I ask is that I don't think my relationship with my wife is unique in that we had problems during the run up to immigration that had nothing to do with immigration. In other words, there were things we had to work out and sometimes things got a little ugly. Getting through the immigration process is far less important than doing the serious work of a spousal relationship. Sometimes couples going through immigration lose sight of that.

Edited July 27, 2015 by Russ&Caro

[Kaebrace 0]

Yes, he's aware.

[neoblast 138]

I wish to inform you that you can have tourist visa and can go to visit your mother. In this regard there is petty crime exception in case of criminal offences involving moral turpitude offence. In your case as your offence was a petty theft therefore if in your case if maximum sentence was less then one year and if sentence was less then 6 months then waiver can be taken.

Inadmissibility Issues

The Immigration and Nationality Act, Section 212, lists several grounds on which the defendant can be found inadmissible. These rules can make it difficult to apply for entry into the United States, change or extend one’s nonimmigrant status or apply for citizenship. To obtain any benefits, one must be considered admissible.

Criminal grounds are one of the aspects covered by Section 212. The most general ground says that individuals admitting to or convicted of crimes that involve moral turpitude are considered inadmissible. It’s not clear what these crimes may be because each judge may have a different view on moral turpitude, and the definition has changed as laws have evolved. The unfortunate problem is that theft is often considered a problem of moral turpitude in most countries, which means that even a small theft can make one inadmissible.

I don't think they will refuse you outright but you just complicated your life quite a bit.

Read this https://www.tuckerlawpllc.com/shoplifting-immigrant-consequences-crimes/

Edited July 28, 2015 by neoblast

[Chalanero21 28]

Any updates in your case? was your visa approved ? Thanks

[Going through 5,668]

On 7/27/2015 at 1:38 PM, Kaebrace said:

The total amount taken was worth $16, so this will obviously fall into the category of "Theft under 5000" and hopefully reduced to a misdemeanour.

It already is a misdemeanor.

 

On 7/27/2015 at 1:38 PM, Kaebrace said:

Do I need to update anything or will I just be required to present the court documents at my interview?

You don't need to update anything, but yes you will need to present court-certified documents at the interview.

 

On 7/27/2015 at 1:38 PM, Kaebrace said:

How long does it generally take to receive all court documents after your court date?

Most often, you can request then the same day from the court clerk.  Get more than one certified copy---you will need to submit them again when doing the AOS, ROC and N400 stages (if you wish to become a citizen).