Whymewhyme

I have my k1 visa interview in a week.

When applying I disclosed one arrest/conviction for petty shoplifting that I had around 20 years ago. Because this was such a long time ago, there was "no live trace" on the acro criminal records check I was required to get. I had to apply for a further background check and it turns out I had two arrests for shoplifting- one that I completely forgot about.

My question is this: since I only disclosed one arrest and have two, what are my options going into this interview? I read somewhere that I should write a letter apologizing for the error on my part. I'm a bit lost really, so any advice would be greatly appreciated. - and yes, it was a very dumb mistake on my part, just looking for some advice..

My lawyer said this on the matter:

"I'm not in a position to make the necessary analysis but usually one must first examine the law under which you were convicted to see if in fact, it qualifies as a CIMT. You would think "theft" is a CIMT and in general that's a logical assumption to make but again you can't assume that. You have to examine the actual statue you were convicted under and analyse it to see if it is broad enough that it encompasses behavior that is not a CIMT. If so, then the statue is too broad.

The following step in the analysis is to see if the petty theft exception applies. One would have to look to see what the maximum possible penalty under the statute could be. If it does not exceed imprisonment for one year, and if you were not sentenced to a term of imprisonment in excess of 6 months, then I think the odds are good the exception will apply."

Noorah101

Disclose it in person at the interview.

Rene

Whymewhyme

Thanks and will do.

Do you think it will be an issue? Just looking for some advice or reassurance from anyone who has experience in this type of situation or am I worrying over nothing?

Rete

Yes, shoplifting can be considered a CIMT in some cases. Your record, if clean for the last 20 years, and if those crimes occurred while a teenager, should not be an issue. No one can reassure you that it won't be an issue but age of the offense and clean living since will help mitigate things if the value of the stolen property was minimal.

civilservant

You're might need a waiver - the petty offense exception no longer applies to you with multiple convictions.