What are the chances of a US visa if I have a criminal record?
- By
- Aparna Patel
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- 10 Aug, 2023
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In my opinion, the chances are 50/50 maybe even better. You are talking about an issue that happened 37 years ago, and from your assertion (without us seeing your charge and discharge documents) a petty theft, which we cannot conclude is a CIMT. Your writeup also does not imply you have multiple felonies
Not all receiving of stolen property is a CIMT. An example receipt of stolen property with intent to temporarily deprive, under Calif. Veh. Code § 10851 or Calif. P.C. § 496(a) is not a CIMT.
Without knowing if it is definitively a CIMT, we cannot tell if it makes you inadmissible to the USA.
Now even assuming it is a CIMT it will have to be determined the maximum punishment you could face before declaring you inadmissible and in need of a waiver. Check your discharge papers if the exculpatory clauses in italics apply to you.
If you’re not familiar with law, get an attorney for a small fee to examine your discharge and charging papers and exact wording and designation of your offense to determine the maximum penalties and then if he determines the exculpatory clause applies to you, prepare a small brief which the consular, a layman can understand.
Ineligibilities and Waivers: Laws
(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(II) the maximum penalty possible for the crime of which the alien was
convicted (or which the alien admits having committed or of which the
acts that the alien admits having committed constituted the essential
elements) did not exceed imprisonment for one year and, if the alien
was convicted of such crime, the alien was not sentenced to a term of
imprisonment in excess of 6 months (regardless of the extent to which
the sentence was ultimately executed).
It’s not that complex.
If visa application is denied, a refusal stamp may be placed in your passport. Does it affect you negatively when trying to visit other countries? Yes, however it is not by any stretch a death knell.
Credit:stackoverflow.com‘