Should I answer 'yes' on visa application for conviction of a crime? If I have a infraction -- Evasion of fare.

Asked over 1 year ago - San Jose, CA

I am a F-1 visa student. I am in the US now. I forgot my student ID with free transportation pass on it and got caught. I was charged and the case is closed. They don't have any of my ID number nor my scanned fingerprint. I plan to leave the US in July and come back in Aug. I am wondering if this infraction will affect my visa? And if I might be rejected to enter in the airport? I know I may clear my record according to the court website. But is it necessary?Thank you!!

Attorney answers (3)

  1. Kristina A. Gasson

    Contributor Level 12

    6

    Lawyers agree

    Answered . Infractions in California do not count as convictions for immigration purposes. You can safely answer no to this question on your visa application as long as you don't have any other convictions on your record. I'll attach a great document explaining this. Good luck.

    www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement... more
  2. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . Although I tend to follow the theory that it doesn't hurt to say yes ... because telling the 'whole' truth is always the best policy ... I will defer to Ms. Gasson's answer.

    By the way, records can not be 'cleared' from an immigration perspective.

    Get a full certified copy of the court file before attempting to clear things.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Dean P Murray

    Contributor Level 18

    4

    Lawyers agree

    Answered . I agree with my colleague.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more

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