Skip to main content

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

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!!

+ Read More

Attorney answers 3

Posted

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 letter with me, you should not consider this information to be legal advice.

Asker

Posted

Thank you~Is there any chance that I will be questioned about it and may be rejected to enter when I come back to the US?

Kristina A. Gasson

Kristina A. Gasson

Posted

You may be questioned at the border about anything, including skirmishes with the law. You should answer their questions truthfully. Because you haven't been convicted of a crime, you can answer no, or you can say that you had an infraction for forgetting your public transit pass. Honestly, I think you'll be OK if there are no other problems on your record that we don't know about.

Asker

Posted

Thanks, I do not have ant other record now.

Asker

Posted

The exact question is :"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?" Can I still say "no" in this situation?

Posted

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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

Thank you. The exact question is :"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?" Can I still say "no" in this situation?

F. J. Capriotti III

F. J. Capriotti III

Posted

You haven't given us enough facts. Where you 'stopped' by a person wearing a badge? If so, some people view that as an arrest. Again, it doesn't hurt to say yes and explain things at the interview.

Asker

Posted

Thank you!

Posted

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 on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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