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I am an alien with a Petty theft case in 2010 which was dismissed in 2011. Will this affect my J-1 internship visa?

Los Angeles, CA |

Did a very stupid mistake in 2010 while I was in the US as a visiting scientist. I had no money for lawyer and got a very kind public attorney. The Judge let me go for a year and asked to return after a year to the court. I did and my case was dismissed in 2011. Since then I haven't done anything wrong and I have been back to the US twice without any problem, they didn't even stop me at immigration check in the airport. I am worried that my J1 will be denied . :( Since my case was dismissed what are the chances of having my J1 denied? :( So embarrassing please advice me how to handle the interview. :(

Attorney Answers 3


  1. Best answer

    As a preliminary matter, how many times to you have to ask this question? Again: it will probably not, though questions will be asked. You have to bring certificate of final disposition with you. An original with raised sea.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. Theft is considered a crime of moral turpitude one of the of fences that make you inadmissibility. CIMT do not require a conviction, having admitted the elements of he offense is sufficient for a finding of inadmissibility. Luckily for you there is an exemption called petty offense exemption that does not make you inadmissibility for a single offense with a maximum possible sentence of one year of imprisonment and an actual sentense to confinement of less than 6months regardless of time actually served. It is in your best interest to be honest when completing visa application forms and any questions you may be asked at the consulate.


  3. You probably will be okay if your conviction falls within the "petty offense" exception.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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