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Can theft without conviction stop you from entering the USA in general? &as an international student?

Midland, TX |

I was in a store and my sister placed something in my bag and because i said no to having anything in my bag and then something being in my bag they called the cops. however, he said because it was a 1st time i wasn't to be convicted but id be put on file in case of anything else. i'm worried that it will stop me from entering the us to visit and to attend a college which i plan to do next year!!

Attorney Answers 2


  1. If you were NOT convicted, you are not inadmissible. Now admissibility is framed as "have you committed" an act that would be considered a crime involving moral turpitude. Since YOU did not actually commit the act, you are stll admissible. Just make sure never to lie about the situation if asked.

    Best regards,
    Charles

    Charles H. Kuck
    Managing Partner
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  2. There is confusion in the law enforcement community over what is called supervision. In immigration, a guilty plea or admission of guilt that leads to supervision creates a conviction for immigration. Yet, some minor incidents resulting 'only in arrest' still allow you to enter the U.S. This may only be an arrest, investigation or a decision not to charge you; we don't know. There may be nothing on your record.

    It is unclear what the court or police actually did in this situation. This may cause confusion at the time of your next entry into the U.S. I recommend that you contact an experienced immigration attorney. You should show the attorney a copy of that criminal record or ticket/citation, if possible.

    If you don't have the citation document or record for the incident, you, or the attorney, will need to get a copy of your criminal record from the city or county where the incident took place. Perhaps, you can get proof that there is no record! You may also need to have someone help you secure fingerprints and pay a FBI criminal check filing fee. This allows an attorney to see if you have an FBI record due to the incident, as well. State and county arrests often appear on an FBI record.

    Before you enter, you should look at the forms that need to be fillled out when you come into the U.S. If you feel uncomfortable with the questions, you need to feel assured that you can tell the truth and still be allowed to come into the U.S. If a person lies, then they can permanently lose their right to enter the U.S.

    If the question asks if you have ever been arrested, then this may cause delays until the CBP believes that you can be admitted in spite of the incident. Some can; others should not be admitted.

    The above is general information not legal advice. The above reply does not create an attorney-client privilege.

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