Infractions

[mixedmc 0]

Would a Tresspassing infraction that resulted in only a fine be considered a crime by the US Consulate? Because i know Canada considers DWI's in the states as a criminal charge. Thanks.

[kitkat1 5]

Would a Tresspassing infraction that resulted in only a fine be considered a crime by the US Consulate? Because i know Canada considers DWI's in the states as a criminal charge. Thanks.

Shoplifting is a crime involving moral turpitude and normally triggers the inadmissibility provision (however there are exceptions).

On the other hand, trespassing and nothing more is NOT considered a crime of moral turpitude. (Was it called "criminal trespassing" or "trespassing with intent to commit a crime"?)

I would go to attorney Laurel Scott's free chat on www.visacentral.net Wednesdays at 11:00 am central time and try to post your question. If you cannot get it in, it would be worth it to do a phone or email consult with her so you know exactly what you are facing. You need to admit it, but it doesn't *seem* to fall into any of the ineligiblities.

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

(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

(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).

[mixedmc 0]

Do i have to declare i commited shoplifting even though i wasn't convicted/arrested for it at the port of entry.. because i havn't been doing so .. is that misrepresentation?

[kitkat1 5]

Do i have to declare i commited shoplifting even though i wasn't convicted/arrested for it at the port of entry.. because i havn't been doing so .. is that misrepresentation?

That's a good question for an attorney. It would come up at a visa interview most likely, not the POE, and should not be considered misrepresentation - that's usually referred to in the case of using someone else's passport, etc.

[mixedmc 0]

thanks for your help kitkat greatly appreciated