Skip to main content

New work visa with shoplifting conviction

San Francisco, CA |

Is it possible to get work visa for US while applying in at consulate with CIMT conviction , please share if you have ever seen success in stamping with petty offence exception.

Attorney Answers 4

Posted

yes but you will need a waiver for CIMT, or just the conviction. not all shoplifting offenses are petty crimes. shoplifting can lead to aggravated felony findings under the immigration law.

Mark as helpful

1 lawyer agrees

2 comments

Asker

Posted

it was under petty theft in state law , and waiver will not be solution as i will lose job . question is related to stamping DS-160 , with petty offence exception for work visa L1

Gunda Johanna Brost

Gunda Johanna Brost

Posted

Petty theft under state law is NOT the same as the immigration term 'petty offense exception.'

Posted

You cannot conclude that it is a petty offense exception unless you were told so by an immigration attorney or someone else who regularly analyzes immigration law. You should hire an attorney.

Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

Mark as helpful

1 lawyer agrees

1 comment

Asker

Posted

I am told that it falls under petty offence exception but i have received no inputs weather it will result into visa approval and stamping or not for L1 visa

Posted

Yes, but you should be certain that your conviction fits within the "one petty offense" exception.

Mr. Shusterman's (former INS Trial Attorney, 1976-82) 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.

Mark as helpful

20 lawyers agree

1 comment

Asker

Posted

this fits , it is confirmed . However will it result into successful stamping or not , is the worry

Posted

There are no guarantees as far as visas go.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

Mark as helpful

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics