QUESTION
How can a shoplifting charge affect a Business Visa application?
Asked on Sep 26th, 2011 on Immigration - Florida
More details to this question:
I have a friend who was arrested for shoplifting in the United States 12 years ago. At that time, he was 20 years old. His finger prints were collected and he paid the fine. Now he needs to apply for business visa again out of the United States, which is a must for his job. Should he declare this criminal record during the interview for visa application? Will he be rejected by the USA embassy? Is there any way to help him to get the visa?
11 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Yes, he should disclose. The consular officer may recommend a waiver.
Answered on Jun 24th, 2013 at 12:44 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Yes, if he was arrested, charged or convicted, he must answer the question truthfully. He should have evidence of the disposition of the case when he is interviewed.
Answered on Oct 03rd, 2011 at 10:31 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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One petty theft offense may not bar someone from admission. However, the conviction document should be reviewed by an attorney to determine if this offense qualifies as a petty offense. All criminal history must be revealed when requested by the government. If the noncitizen has been living in the U.S. unlawfully, there might be additional grounds for denial.
Answered on Sep 29th, 2011 at 12:36 PM
Immigration and Nationality Attorney serving Chicago, IL
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Simvisa
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There is a broad waiver for non-immigrant visas, and if your friend has shown rehabilitation and has a good reason for entering, he may very well be eligible for a waiver. The offense may also meet the "petty offense" exception. He should certainly speak with a lawyer who can review his conviction and help him present his case.
Answered on Sep 28th, 2011 at 8:55 AM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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He should retain a lawyer to do all that is necessary to ensure that his visa application be properly processed.
Answered on Sep 28th, 2011 at 7:28 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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One petty thief is not a bar for admission to the united States. Your friend should disclose it on the visa application form. It is better to present a certified court record showing the punishment and also proof your friend satisfied the sentence.
Answered on Sep 28th, 2011 at 6:19 AM
Maziar Mafi
A misdemeanor conviction by itself does not bar an application but it needs to be properly reported and disclosed. Your friend need to have that done by a lawyer.
Answered on Sep 28th, 2011 at 6:19 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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It may be a problem. Your friend should speak with and retain an immigration attorney. For a free case evaluation he may contact my office.
Answered on Sep 28th, 2011 at 6:10 AM
He MUST disclose the conviction on his visa application. The conviction should not matter if he was under 18 years of age when he committed it. He will otherwise have a problem getting the visa.
Answered on Sep 28th, 2011 at 5:53 AM
There is a chance that he may be rejected. We would need to see the police reports, all court filings, plea bargain and other court papers to assess the likelihood that he may be able to get the business visa.
Answered on Sep 28th, 2011 at 5:52 AM
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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Generally, a person is not required to submit to a criminal background when seeking a non-immigrant visa.
Answered on Sep 28th, 2011 at 5:50 AM