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Visa at consulate after cimt conviction for petty theft

San Francisco, CA |

Hello , I was convicted for 1 petty theft crime , with no jail . I had no contest plea in court .
It falls under petty offence exception but what are chances to get visa in this situation , Can consulate deny based on these charges or using 214(b) or issue 221(g) ?
Is there any chance of successful stamping for getting non immigrant work visa ?

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Attorney answers 2

Posted

It depends on all the circumstances of your case.

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.

Asker

Posted

Sir ,It was petty theft charges in California PC488, I was charged with shoplifting 2 shirts and perfume total amount was 160 USD , when i was out of the store LP officer stopped me & took me to one room , where i had to sign papers . Later they called police and gave citation . As i was leaving US very next month i pleaded no contest and paid fine. It was in San Mateo County , which doesnt offer diversion program and they were strict about lowering charges as informed by criminal attorney. I am totally devastated and risk of losing job and life because of this, Kindly suggest if there is anyway . Consulate in India with L1 visa have high denial rate hence i am very worried of losing job with debt , i still have study loan and family is dependent on me.

Asker

Posted

Sir , Could you please answer based on this situation ?

Posted

Previously asked and answered. Again, it will all depend on how well an experienced immigration lawyer will plead the Federal one petty offense conviction exception in your particular case and the particular consulate's receptiveness to that argument.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

You should ultimately be approved If you otherwise meet all the visa requirements since a single misdemeanor conviction is not grounds for inadmissibility.

Asker

Posted

Sir ,It was petty theft charges in California PC488, I was charged with shoplifting 2 shirts and perfume total amount was 160 USD , when i was out of the store LP officer stopped me & took me to one room , where i had to sign papers . Later they called police and gave citation . As i was leaving US very next month i pleaded no contest and paid fine. It was in San Mateo County , which doesnt offer diversion program and they were strict about lowering charges as informed by criminal attorney. I am totally devastated and risk of losing job and life because of this, Kindly suggest if there is anyway . Consulate in India with L1 visa have high denial rate hence i am very worried of losing job with debt , i still have study loan and family is dependent on me.