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Green Card, Consular Processing, Petty Theft

San Jose, CA |

Suppose these are true for a green card process:
2002: I-130 approved and forwarded to NVC, foreign beneficiary had clean background.
2012: Beneficiary convicted of petty theft in country of residence, got 3-yr probation.
Sept-2013: Consular interview scheduled.

Could it be an issue that the probation is not finished yet?

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Attorney answers 3


It will be an issue.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.



Isn't there a waiver for petty theft?


Yes this will be an issue as my colleague stated. An immigration attorney can assist you with this type of problem.


LORIC, Immigration Solutions

Rodrigo Ivan Canido
Managing Attorney

3333 Bowers Ave, Suite 130
Santa Clara, CA 95054
Tel: 650-279-5933

The response given is general in nature and does not create an attorney / client relationship. The answer given may also not account for other facts unknown to the attorney. For a more detailed evaluation you should consult with a licensed immigration attorney.


If this conviction falls under the one petty offense rule, you should fine.

(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.