Mother of US citizen petty Theft

[Chalanero21 28]

Hi everyone

I hope I could get some advice or experiences if any, I am petitioning for my mother, we are starting our NVC process so interview is coming. She has a petty theft charge in the USA 15 years ago, we have certified copies of record and dismissal,  Would that make her visa be denied, I see many cases denied on K1 visas but none with parents of US citizens. 

Immigration law says there are exceptions like if you only committed a petty crime where you were not incarcerated more than 6 months, but I do not know, sometimes I think that Consular officers sometimes might not know and use their "we are not obligated to give you a visa approach" to make a negative decision.  Any ideas or opinions?

 

Thanks 

[Hypnos 6,578]

What was the final disposition of her theft case? You said dismissal... was the case against her dismissed?

[randomstairs 313]

If the conditions for petty crime exception are met, there is no discretion on the CO's end pertaining to this matter, i.e. it will NOT make her inadmissible. So she should be fine as long as she can prove that the conditions are met (e.g. by presenting the court documents).   

[Chalanero21 28]

11 hours ago, Hypnos said:

What was the final disposition of her theft case? You said dismissal... was the case against her dismissed?

The court paper say disposition NOLLE PROS wich mean the same as dismised. I learned this week that she acepted some kind of program but she did not finished because she had to go back to home country. So 2 years ago another sister pay a lawyer to apply to close the case in absentia resulting on dismisal. 

[Hypnos 6,578]

Without a conviction she's probably OK. 

 

A nolle prosequi means the prosecutor dropped the case, and usually isn't considered a conviction for immigration purposes. 

 

If would need to be disclosed on all relevant applications, however. 

[Chalanero21 28]

Would the co sular office ask about details on how things happended?

[Hypnos 6,578]

Yes, probably.

[Chalanero21 28]

Thank you 

[Chalanero21 28]

15 hours ago, randomstairs said:

If the conditions for petty crime exception are met, there is no discretion on the CO's end pertaining to this matter, i.e. it will NOT make her inadmissible. So she should be fine as long as she can prove that the conditions are met (e.g. by presenting the court documents).   

Thank you. What about k1 fillers with those same situations and their case get denied? Any diference they seem to not be inadmisables 

[randomstairs 313]

If she accepted a deal with the prosecution whereby the charges would be dropped on condition that she admit guilt (or enter a guilty plea or nolo contendere) or if she admitted guilt for any kind of exchange, then such case counts as conviction for USCIS purposes. Still, if the 3 conditions are met, the case will not make her inadmissible.

 

Cases can be denied for a variety of reasons. You should get a note explaining the reason(s). I don't think she will get denied based on her crime alone. If there are other factors it may swing the balance perhaps. Good luck!

[Chalanero21 28]

8 hours ago, Hypnos said:

Without a conviction she's probably OK. 

 

A nolle prosequi means the prosecutor dropped the case, and usually isn't considered a conviction for immigration purposes. 

 

If would need to be disclosed on all relevant applications, however. 

We did not disclosed in our I-130 as it does not ask any questions regarding criminal record, should we had sent case disposition with I-130 ? 

Should I send them with NVC docs or wait til interview?

[Hypnos 6,578]

For an immigrant visa it's something she would only first be required to disclose at the embassy in her actual visa application. 

[Chalanero21 28]

On 2/6/2018 at 4:35 PM, randomstairs said:

If she accepted a deal with the prosecution whereby the charges would be dropped on condition that she admit guilt (or enter a guilty plea or nolo contendere) or if she admitted guilt for any kind of exchange, then such case counts as conviction for USCIS purposes. Still, if the 3 conditions are met, the case will not make her inadmissible.

 

Cases can be denied for a variety of reasons. You should get a note explaining the reason(s). I don't think she will get denied based on her crime alone. If there are other factors it may swing the balance perhaps. Good luck!

Thank you . And could you explain me about the 3 conditions ?

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America forum.

[Boiler 46,242]

• s/he has committed only one crime involving moral turpitude; and

• s/he “was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)”; and

• the offense of conviction carries a maximum possible sentence of one year or less