Benefiaciary with criminal record in the USA

[Blossomka 9]

Hi everyone.

I hope to get advice here..

 

Me (benefiaciary) and my fiance- petitioner (US citizen), we just submitted our I-129F for K-1 visa. But I (beneficiary) have problems with my criminal records in the USA.

The first time I went to the US was in 2009 with J1 visa (work and travel program). I was 20 and made stupid mistake (which I really really regret about it until today :(( ). I was caught by the Mall's security for shoplifting in California. We went to the police station, they took my finger prints and I had to attend the court couple of days later. The amount for stolen stuff was around 30-40 $. So since this amount was very small, the judge said that it could be infraction, but not misdemenor if I agree to pay fine and take online theft course. So I did that, I came back the next day with certificate that I completed the course, that I paid the fines and I said NO CONTEST. So basically I received "Infraction". And I also took the papers from the court. And returted to Russia.

 

1 year later in 2010 I applied again for J-1 visa. I didnt hide anything from the US embassy while filing visa aplication, but during the interview they denied my visa (they gave me paper 214b (lack of strong ties to home country (potential immigrant)). I dont know why, but I decided to try 1 more time and I went for the 2nd interview right away and really really kind ambasaddor felt sorry for me and approved my visa. While entering Chicago in 2010 I was asked to tell what happened again in the airport and then they let me in the country with no problems.

That year I actually met my future husband. But after 4 month I came back to Russia because my visa expired. While we were in relationship I never applied for tourist visa to visit him.

 

So I said we already mailed our petition to USCIS.

 

We didnt hire any lawer. So now I wonder If i would be rejected for my visa during interview? Do i have any chances? 

As I remember infraction should not be problem for non- imigrant visa (i.e. K-1 right?). On the russian website of US embassy k-1 states as non immigrant visa.

Is infraction a CIMT?

 

Ps. I dont have any criminal records in my home country or anywhere else.

I have attached copy of court's paper

[azblk 338]

you should be fine

[geowrian 22,337]

41 minutes ago, Blossomka said:

We didnt hire any lawer. So now I wonder If i would be rejected for my visa during interview? Do i have any chances? 

As I remember infraction should not be problem for non- imigrant visa (i.e. K-1 right?). On the russian website of US embassy k-1 states as non immigrant visa.

Is infraction a CIMT?

Theft can be considered a CIMT. That said, I'm not a lawyer so I'm not entirely sure how this exact charge will be viewed. Immigration looks at criminal histories much differently than a criminal or civil court...they see sealed records, charges not resulting in a conviction, etc.

If I purely had to guess, I'm doubtful this particular event would result in making you inadmissible. The fact that you receive a new visa since then, where said crime was known and disclosed, is a very positive sign. It's possible they missed or just overlooked it, but I would presume it was known and part of the consideration already.

 

K-1 is technically non-immigrant, but is processed (primarily) by the immigrant visa unit. Effectively, it's treated the same as a spousal visa at the embassy, and has the same general requirements (with a few differences, obviously).

[Blossomka 9]

8 minutes ago, geowrian said:

It's possible they missed or just overlooked it, but I would presume it was known and part of the consideration already.

 

they didnt miss it. We talked about it during interview

[Crazy Cat 41,884]

15 minutes ago, azblk said:

you should be fine

Maybe...maybe not.  If I were the OP, I would at least consult an attorney to get a legal opinion....

[geowrian 22,337]

1 minute ago, Blossomka said:

they didnt miss it. We talked about it during interview

So my presumption was correct.

[Blossomka 9]

Thank you all.

I wonder if there were cases like this before. If someone from this forum who had similar situation did get visa or was denied..

[NYCruiser 423]

11 minutes ago, Blossomka said:

Thank you all.

I wonder if there were cases like this before. If someone from this forum who had similar situation did get visa or was denied..

Yes I know of a similar situation except for a N-400 Citizenship from a Resident Alien. Subject got refused but because she did not submit all the Court Paperwork. Did not appeal but has resubmitted all required paperwork for Citizenship. You did the right thing by being upfront and disclosing. Let them make up their minds. 

[Hypnos 6,576]

Even if this was a CIMT (and with theft it depends upon several factors), the petty offense exception would likely apply. 

 

So I doubt this will be an issue. 

Edited December 15, 2017 by Hypnos

[Blossomka 9]

9 minutes ago, Hypnos said:

Even if this was a CIMT (and with theft it depends upon many factors), the petty offense exception would likely apply. 

 

So I doubt this will be an issue. 

what is the petty offense exception?

thank you!

[Hypnos 6,576]

For the petty offense exception to apply:

 

(i) You only have one CIMT. 

 

(ii) The maximum penalty you could have been sentenced to (not your punishment, but the maximum allowed by law for that offense) was no more than a year's imprisonment. 

 

(iii) You were personally sentenced to no more than six months imprisonment. 

 

If you meet all three then the petty offense exception applies. 

 

It usually hinges on the exact statute you were prosecuted under, since that determines what the maximum punishment you could have received would be. 

[caliliving 606]

you disclosed it and told the truth. you are LUCKY it was an infraction and NOT a misdemeanor! i really think you have nothing to worry about! proceed with your visa and i am 99% sure you will be OK:) if you do have a problem after, and need a waiver, then i would consult a lawyer!

 

again, it is good you were truthful as this is a paper trail and you would obviously be denied a visa if you lied about it on your J1 application!

 

[Blossomka 9]

On 15.12.2017 at 11:54 PM, Hypnos said:

For the petty offense exception to apply:

 

(i) You only have one CIMT. 

 

(ii) The maximum penalty you could have been sentenced to (not your punishment, but the maximum allowed by law for that offense) was no more than a year's imprisonment. 

 

(iii) You were personally sentenced to no more than six months imprisonment. 

 

If you meet all three then the petty offense exception applies. 

 

It usually hinges on the exact statute you were prosecuted under, since that determines what the maximum punishment you could have received would be. 

So am i applicable for this exception? 

 

On 16.12.2017 at 7:08 AM, caliliving said:

you disclosed it and told the truth. you are LUCKY it was an infraction and NOT a misdemeanor! i really think you have nothing to worry about! proceed with your visa and i am 99% sure you will be OK:) if you do have a problem after, and need a waiver, then i would consult a lawyer!

 

again, it is good you were truthful as this is a paper trail and you would obviously be denied a visa if you lied about it on your J1 application!

 

Thank you!it is good to hear that

[Blossomka 9]

On 15.12.2017 at 11:36 PM, Hypnos said:

Even if this was a CIMT (and with theft it depends upon several factors), the petty offense exception would likely apply. 

 

So I doubt this will be an issue. 

Dear forum, could you help me please.

So if during interview ambassador will not want to give me visa because of this incident, can i tell him about this petty offense exception? 

Can I bring it up by myself?

or this is something I need to do only after applying for waiver? and lawer applies for petty offense exception

[NigeriaorBust 4,087]

    They are supposed to be versed in the rules but you could look it up and make sure that you qualify, It seems you do , plus you completing the class is a form of rehab.