Holidaying in the USA with a criminal conviction
Dec 28th 2006, 7:08 pm
#1
Forum Regular
Thread Starter
Joined: Dec 2006
Posts: 56
Holidaying in the USA with a criminal conviction
I need some help here...
I'm a 20 year old student, and I was stupidly stole money from my workplace last year where was caught, and sentenced with some community service.
I'm quite depressed that this may affect my ability to holiday in the USA or to eventually live or work there if I ever wanted to. I've asked on loads of forums for advice and simply never get clear advice!
I understand that legally, if I wanted to go to the USA on holiday for example, I need to especially apply for a Visa through the american embassy in London. Now, according to the US Customs website, it says, 'Generally, any convictions for drug possession can result in denial of entry. If the conviction was long ago, you might contact the U.S. Embassy, Office of Consular Affairs in your country to obtain a waiver. Other misdemeanors may result in denial if they were recent.'
So, I assume mine would count as an 'other misdemeanor', though it was recent of course. However from that wording, it seems that if this was ten years in the future, I would be allowed in as it would no longer be recent.
So, first of all, if I was to apply for a visa, how likely is it I'd be accepted? If they interview you I could certainly explain myself-I've been well educated, have otherwise been totally troublefree, and I only took the money I did in order to fund the costs for my university degree and deeply regret it more than anything. If accepted, how long does the visa last before I have to go through the process again?
Finally, I understand some of the implications if I just didn't mention my convictions and just travelled there as normal. However, if I tried to apply for a visa in the future, or attempted to live in the USA, would they automatically see that I illegally entered the country beforehand and therefore bar me?
It just seems that I could 'risk' going in and probably be mine, or I could apply for a Visa, be denied for it and therefore be barred for life (or is it for a set number of years? Either way, I doubt they'd allow me to try and enter again).
Thanks for any help. All this is making me incredibly depressed.
I'm a 20 year old student, and I was stupidly stole money from my workplace last year where was caught, and sentenced with some community service.
I'm quite depressed that this may affect my ability to holiday in the USA or to eventually live or work there if I ever wanted to. I've asked on loads of forums for advice and simply never get clear advice!
I understand that legally, if I wanted to go to the USA on holiday for example, I need to especially apply for a Visa through the american embassy in London. Now, according to the US Customs website, it says, 'Generally, any convictions for drug possession can result in denial of entry. If the conviction was long ago, you might contact the U.S. Embassy, Office of Consular Affairs in your country to obtain a waiver. Other misdemeanors may result in denial if they were recent.'
So, I assume mine would count as an 'other misdemeanor', though it was recent of course. However from that wording, it seems that if this was ten years in the future, I would be allowed in as it would no longer be recent.
So, first of all, if I was to apply for a visa, how likely is it I'd be accepted? If they interview you I could certainly explain myself-I've been well educated, have otherwise been totally troublefree, and I only took the money I did in order to fund the costs for my university degree and deeply regret it more than anything. If accepted, how long does the visa last before I have to go through the process again?
Finally, I understand some of the implications if I just didn't mention my convictions and just travelled there as normal. However, if I tried to apply for a visa in the future, or attempted to live in the USA, would they automatically see that I illegally entered the country beforehand and therefore bar me?
It just seems that I could 'risk' going in and probably be mine, or I could apply for a Visa, be denied for it and therefore be barred for life (or is it for a set number of years? Either way, I doubt they'd allow me to try and enter again).
Thanks for any help. All this is making me incredibly depressed.
Dec 28th 2006, 8:57 pm
#2
Forum Regular
Joined: Nov 2003
Posts: 230
Re: Holidaying in the USA with a criminal conviction
Originally Posted by movida
I need some help here...
I'm a 20 year old student, and I was stupidly stole money from my workplace last year where was caught, and sentenced with some community service.
I'm quite depressed that this may affect my ability to holiday in the USA or to eventually live or work there if I ever wanted to. I've asked on loads of forums for advice and simply never get clear advice!
I understand that legally, if I wanted to go to the USA on holiday for example, I need to especially apply for a Visa through the american embassy in London. Now, according to the US Customs website, it says, 'Generally, any convictions for drug possession can result in denial of entry. If the conviction was long ago, you might contact the U.S. Embassy, Office of Consular Affairs in your country to obtain a waiver. Other misdemeanors may result in denial if they were recent.'
So, I assume mine would count as an 'other misdemeanor', though it was recent of course. However from that wording, it seems that if this was ten years in the future, I would be allowed in as it would no longer be recent.
So, first of all, if I was to apply for a visa, how likely is it I'd be accepted? If they interview you I could certainly explain myself-I've been well educated, have otherwise been totally troublefree, and I only took the money I did in order to fund the costs for my university degree and deeply regret it more than anything. If accepted, how long does the visa last before I have to go through the process again?
Finally, I understand some of the implications if I just didn't mention my convictions and just travelled there as normal. However, if I tried to apply for a visa in the future, or attempted to live in the USA, would they automatically see that I illegally entered the country beforehand and therefore bar me?
It just seems that I could 'risk' going in and probably be mine, or I could apply for a Visa, be denied for it and therefore be barred for life (or is it for a set number of years? Either way, I doubt they'd allow me to try and enter again).
Thanks for any help. All this is making me incredibly depressed.
I'm a 20 year old student, and I was stupidly stole money from my workplace last year where was caught, and sentenced with some community service.
I'm quite depressed that this may affect my ability to holiday in the USA or to eventually live or work there if I ever wanted to. I've asked on loads of forums for advice and simply never get clear advice!
I understand that legally, if I wanted to go to the USA on holiday for example, I need to especially apply for a Visa through the american embassy in London. Now, according to the US Customs website, it says, 'Generally, any convictions for drug possession can result in denial of entry. If the conviction was long ago, you might contact the U.S. Embassy, Office of Consular Affairs in your country to obtain a waiver. Other misdemeanors may result in denial if they were recent.'
So, I assume mine would count as an 'other misdemeanor', though it was recent of course. However from that wording, it seems that if this was ten years in the future, I would be allowed in as it would no longer be recent.
So, first of all, if I was to apply for a visa, how likely is it I'd be accepted? If they interview you I could certainly explain myself-I've been well educated, have otherwise been totally troublefree, and I only took the money I did in order to fund the costs for my university degree and deeply regret it more than anything. If accepted, how long does the visa last before I have to go through the process again?
Finally, I understand some of the implications if I just didn't mention my convictions and just travelled there as normal. However, if I tried to apply for a visa in the future, or attempted to live in the USA, would they automatically see that I illegally entered the country beforehand and therefore bar me?
It just seems that I could 'risk' going in and probably be mine, or I could apply for a Visa, be denied for it and therefore be barred for life (or is it for a set number of years? Either way, I doubt they'd allow me to try and enter again).
Thanks for any help. All this is making me incredibly depressed.
Under immigration law, certain criminal convictions will render a person unamdissible to the U.S. The most common group is any conviction that is considered a crime involving moral turpitude (CIMT). If you are convicted of something considered a CIMT, you are generally rendered inadmissible unless you were a youth or unless you qualify for the petty offense exception.
Initial analysis is whether your conviction falls under a CIMT. One common CIMT is theft, so if your conviction is for a theft related offense, chances are it is a CIMT.
If you were 19 at the time, you would not qualify as juvenile offender.
Next step is if your conviction is a CIMT, to see whether you qualify under the petty offense exception. The criteria are that you only have one conviction where the maximum penalty under the particular criminal law is no more than a year in jail and the sentence actually imposed was not more than six months in jail. If one meets these criteria, the bar to inadmissibility may not apply after all.
First you need to determine if your conviction is a CIMT. If yes, you need to determine if you qualify under the petty offense exception. If no and you are inamdissible, you will need a non-immigrant waiver to enter the U.S.
Regards,
Last edited by Sue; Jan 1st 2007 at 1:08 am. Reason: url and email address removed, already in signature
Dec 28th 2006, 9:53 pm
#3
Forum Regular
Thread Starter
Joined: Dec 2006
Posts: 56
Re: Holidaying in the USA with a criminal conviction
Thankyou very much for your helpful advice.
From what you've said, it appears that by me being labelled as 'inadmissible' it means I can't enter if I just turn up at customs, and only announce my criminal conviction then (or on the forms I fill out). I assumed that it meant I was inadmissible altogether-including if I filled out a non-immigrant waiver.
How do I find out if it is deemed a CIMT? I'd assume it was, seeing as I stole money from the shop I worked in. So, to determine if it was a petty offense I need to know whether the crime would limit a sentence to a year-how do I find that out? I carried out 80 hours community service for it.
Finally, judging from what you now know about my case, would you expect the visa application to be accepted? I have now decided to definitely do it, I'm just worried it's too early to apply as I haven't demonstrated that I am 'crime-free', apart from my own intent to stick rigidly to the law for the rest of my life!
Thanks again.
From what you've said, it appears that by me being labelled as 'inadmissible' it means I can't enter if I just turn up at customs, and only announce my criminal conviction then (or on the forms I fill out). I assumed that it meant I was inadmissible altogether-including if I filled out a non-immigrant waiver.
How do I find out if it is deemed a CIMT? I'd assume it was, seeing as I stole money from the shop I worked in. So, to determine if it was a petty offense I need to know whether the crime would limit a sentence to a year-how do I find that out? I carried out 80 hours community service for it.
Finally, judging from what you now know about my case, would you expect the visa application to be accepted? I have now decided to definitely do it, I'm just worried it's too early to apply as I haven't demonstrated that I am 'crime-free', apart from my own intent to stick rigidly to the law for the rest of my life!
Thanks again.
Originally Posted by Andrew Wilson
Whether your convuction will be a problem for entry into the U.S. depends on what you were specifically convicted of under the applicable criminal statute.
Under immigration law, certain criminal convictions will render a person unamdissible to the U.S. The most common group is any conviction that is considered a crime involving moral turpitude (CIMT). If you are convicted of something considered a CIMT, you are generally rendered inadmissible unless you were a youth or unless you qualify for the petty offense exception.
Initial analysis is whether your conviction falls under a CIMT. One common CIMT is theft, so if your conviction is for a theft related offense, chances are it is a CIMT.
If you were 19 at the time, you would not qualify as juvenile offender.
Next step is if your conviction is a CIMT, to see whether you qualify under the petty offense exception. The criteria are that you only have one conviction where the maximum penalty under the particular criminal law is no more than a year in jail and the sentence actually imposed was not more than six months in jail. If one meets these criteria, the bar to inadmissibility may not apply after all.
First you need to determine if your conviction is a CIMT. If yes, you need to determine if you qualify under the petty offense exception. If no and you are inamdissible, you will need a non-immigrant waiver to enter the U.S.
Regards,
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
[email protected]
www.srwlawyers.com
Under immigration law, certain criminal convictions will render a person unamdissible to the U.S. The most common group is any conviction that is considered a crime involving moral turpitude (CIMT). If you are convicted of something considered a CIMT, you are generally rendered inadmissible unless you were a youth or unless you qualify for the petty offense exception.
Initial analysis is whether your conviction falls under a CIMT. One common CIMT is theft, so if your conviction is for a theft related offense, chances are it is a CIMT.
If you were 19 at the time, you would not qualify as juvenile offender.
Next step is if your conviction is a CIMT, to see whether you qualify under the petty offense exception. The criteria are that you only have one conviction where the maximum penalty under the particular criminal law is no more than a year in jail and the sentence actually imposed was not more than six months in jail. If one meets these criteria, the bar to inadmissibility may not apply after all.
First you need to determine if your conviction is a CIMT. If yes, you need to determine if you qualify under the petty offense exception. If no and you are inamdissible, you will need a non-immigrant waiver to enter the U.S.
Regards,
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
[email protected]
www.srwlawyers.com
Dec 28th 2006, 11:07 pm
#4
Guest
Posts: n/a
Re: Holidaying in the USA with a criminal conviction
movida wrote:
> I need some help here...
<--------- snip ------------->
>
> I'm quite depressed that this may affect my ability to holiday in the
> USA or to eventually live or work there if I ever wanted to. I've asked
> on loads of forums for advice and simply never get clear advice!
<--------- snip ------------->
it is NOT when you WANT TO. it is IF they let you in.
> I need some help here...
<--------- snip ------------->
>
> I'm quite depressed that this may affect my ability to holiday in the
> USA or to eventually live or work there if I ever wanted to. I've asked
> on loads of forums for advice and simply never get clear advice!
<--------- snip ------------->
it is NOT when you WANT TO. it is IF they let you in.
Dec 29th 2006, 3:08 am
#5
Forum Regular
Joined: Nov 2003
Posts: 230
Re: Holidaying in the USA with a criminal conviction
In order to determine whether your conviction is a CIMT and/or whether it qualifies for the petty offense exception, you need the court disposition paperwork that shows the specific statute you were convicted under. This should tell whether it is a CIMT, your disposition and what the maximum sentence would be for that matter.
If you have that info, you should be able to tell whether you are inadmisisble or not. In order to analyze and prepare yourself, you may want to consider consulting with an immigration attorney who can look at your conviction, advise on admissibility and advise on what to do next. Hopefully you can avoid the waiver because the need for one would be for life.
Regards,
If you have that info, you should be able to tell whether you are inadmisisble or not. In order to analyze and prepare yourself, you may want to consider consulting with an immigration attorney who can look at your conviction, advise on admissibility and advise on what to do next. Hopefully you can avoid the waiver because the need for one would be for life.
Regards,
Last edited by Sue; Jan 1st 2007 at 1:08 am. Reason: url and email address removed, already in signature
Dec 29th 2006, 7:16 pm
#6
Forum Regular
Thread Starter
Joined: Dec 2006
Posts: 56
Re: Holidaying in the USA with a criminal conviction
After looking through all the police/court paperwork, what I found is that is says the following:
'Offence- Theft By Employee - S.1(1) Theft Act 1968'
From that, how do I determine what you've asked, i.e. if it's definitely a CIMT, my disposition, and what the maximum sentence is?
Finally, I understand that if I have to apply for this special visa it would be for life-but how long will the visa last if it is issued? Would I have to reapply EVERY time I wanted to go to the USA, or will the visa allow me to travel there 'as normal' for 5/10 years or something?
Many thanks.
'Offence- Theft By Employee - S.1(1) Theft Act 1968'
From that, how do I determine what you've asked, i.e. if it's definitely a CIMT, my disposition, and what the maximum sentence is?
Finally, I understand that if I have to apply for this special visa it would be for life-but how long will the visa last if it is issued? Would I have to reapply EVERY time I wanted to go to the USA, or will the visa allow me to travel there 'as normal' for 5/10 years or something?
Many thanks.
Dec 30th 2006, 12:09 am
#7
Guest
Posts: n/a
Re: Holidaying in the USA with a criminal conviction
US immigration is about the most paranoid group of people in the world. They
will refuse entry to anyone if they can find a reason to. And unfortunately,
nothing you can do about that.
--
TAI FU
will refuse entry to anyone if they can find a reason to. And unfortunately,
nothing you can do about that.
--
TAI FU
Dec 30th 2006, 1:07 pm
#8
Guest
Posts: n/a
Re: Holidaying in the USA with a criminal conviction
tai fu wrote:
> US immigration is about the most paranoid group of people in the world. They
Particularly after September 11, what would one expect?
> US immigration is about the most paranoid group of people in the world. They
Particularly after September 11, what would one expect?
Dec 31st 2006, 2:36 am
#9
Guest
Posts: n/a
Re: Holidaying in the USA with a criminal conviction
Yea but deporting/refusing people who committed petty theft 20 years ago...
I think the US should just go and say "we dont want any LEGAL immigrants, we
just encourage illegal immigration" (because being caught in the USA
illegally after being refused entry is a criminal act while being in the USA
illegally without even trying, as in sneaked across the border without
applying for anything, is not a crime..)
--
TAI FU
"L D Jones" <[email protected]> wrote in message
news:[email protected]...
> tai fu wrote:
>> US immigration is about the most paranoid group of people in the world.
>> They
>
> Particularly after September 11, what would one expect?
I think the US should just go and say "we dont want any LEGAL immigrants, we
just encourage illegal immigration" (because being caught in the USA
illegally after being refused entry is a criminal act while being in the USA
illegally without even trying, as in sneaked across the border without
applying for anything, is not a crime..)
--
TAI FU
"L D Jones" <[email protected]> wrote in message
news:[email protected]...
> tai fu wrote:
>> US immigration is about the most paranoid group of people in the world.
>> They
>
> Particularly after September 11, what would one expect?
Dec 31st 2006, 6:13 pm
#10
Guest
Posts: n/a
Re: Holidaying in the USA with a criminal conviction
"tai fu" <[email protected]> wrote in message
news:[email protected]...
| Yea but deporting/refusing people who committed petty theft 20 years
ago...
| I think the US should just go and say "we dont want any LEGAL immigrants,
we
| just encourage illegal immigration" (because being caught in the USA
| illegally after being refused entry is a criminal act while being in the
USA
| illegally without even trying, as in sneaked across the border without
| applying for anything, is not a crime..)
|
|
So tell us how YOUR country's law deal with people in a similar situation?
Are criminals accepted wholeheartedly in YOUR country's immigration law? If
that is so, why are YOU insisting to be in the USA where immigration law is
so cruel to YOU?
It's better for criminals like yourself to stay in YOUR own country, isn't
it?
news:[email protected]...
| Yea but deporting/refusing people who committed petty theft 20 years
ago...
| I think the US should just go and say "we dont want any LEGAL immigrants,
we
| just encourage illegal immigration" (because being caught in the USA
| illegally after being refused entry is a criminal act while being in the
USA
| illegally without even trying, as in sneaked across the border without
| applying for anything, is not a crime..)
|
|
So tell us how YOUR country's law deal with people in a similar situation?
Are criminals accepted wholeheartedly in YOUR country's immigration law? If
that is so, why are YOU insisting to be in the USA where immigration law is
so cruel to YOU?
It's better for criminals like yourself to stay in YOUR own country, isn't
it?
Dec 31st 2006, 11:13 pm
#11
Guest
Posts: n/a
Re: Holidaying in the USA with a criminal conviction
I dont know but banning someone from entry who committed petty offense 20
years ago is just absurd. I think its fine to exclude people who are a
danger to society but not those who rehabilitated. Of course I guess USA
wants to eliminate terrorists by eliminating everyone who might look like
one but ignores the real terrorists. I guess alot of other countries
including Canada have provisions for rehabilitation for those who did commit
petty offense a long time ago but are unlikely to do it again.
--
TAI FU
years ago is just absurd. I think its fine to exclude people who are a
danger to society but not those who rehabilitated. Of course I guess USA
wants to eliminate terrorists by eliminating everyone who might look like
one but ignores the real terrorists. I guess alot of other countries
including Canada have provisions for rehabilitation for those who did commit
petty offense a long time ago but are unlikely to do it again.
--
TAI FU
Jan 1st 2007, 2:20 am
#12
Guest
Posts: n/a
Re: Holidaying in the USA with a criminal conviction
tai fu wrote:
> I dont know but banning someone from entry who committed petty offense 20
> years ago is just absurd. I think its fine to exclude people who are a
> danger to society but not those who rehabilitated. Of course I guess USA
> wants to eliminate terrorists by eliminating everyone who might look like
> one but ignores the real terrorists. I guess alot of other countries
> including Canada have provisions for rehabilitation for those who did commit
> petty offense a long time ago but are unlikely to do it again.
Okay, first I realize you are responding to someone who is looking to
pick a fight, but since you answered him, I'm going to answer you.
First of all, you were not convicted of a petty offence. Your offence
included a firearm, which would result in your being banned from
Australia, England, and Canada. Yes, in Canada we do have a
rehabilitation act, but first, they have to approve it. That will
probably cost you $1000 because of the nature of your offence. They
don't have to approve it, but they might... that's between you and
them.
Second of all, your offence resulted in your being deported from the
United States where you were also living illegally (it wasn't as if you
were a permanent resident there who made a mistake). The offence and
the deportation makes it pretty likely you will spend a lot of money to
file waivers, on the slim chance you might be allowed back, depending
on your reason for wanting to enter (as another poster commented).
yes, it's true, there are lot of people who did stupid things when they
were legally an adult, but mentally immature, and it's unfortunate in
some cases that people are banned from travel as a result of things
they did in their 20's when they haven't done any illegal acts in 20
years, and are in their 40's with a haunting record. But don't jump on
the band wagon and defend those people just because you have your own
personal crusade against the US Government.
In response to "you", who I'm not sure if he's a troll or just a very
opinionated poster... the Visa application form for the PRC does not
inquire about criminal convictions. Tai Fu isn't from the PRC, but
rather the ROC, but I don't think the Visa application process would be
much different. I can name quite a few countries that will inquire
about convictions, however it primarily depends on whether the visa is
for residency or travel. For the US, it doesn't matter the purpose of
entry. And the way they see it, their country has enough criminals, the
jails are full, and the warrants out for non-residents is probably
pretty high... they aren't about to invite trouble to visit. That's why
certain types of people are inadmissable (or barred) from entry, even
if the individual barred is not a convicted criminal (including
lifestyle, past lifestyle, and health related grounds).
S.
> I dont know but banning someone from entry who committed petty offense 20
> years ago is just absurd. I think its fine to exclude people who are a
> danger to society but not those who rehabilitated. Of course I guess USA
> wants to eliminate terrorists by eliminating everyone who might look like
> one but ignores the real terrorists. I guess alot of other countries
> including Canada have provisions for rehabilitation for those who did commit
> petty offense a long time ago but are unlikely to do it again.
Okay, first I realize you are responding to someone who is looking to
pick a fight, but since you answered him, I'm going to answer you.
First of all, you were not convicted of a petty offence. Your offence
included a firearm, which would result in your being banned from
Australia, England, and Canada. Yes, in Canada we do have a
rehabilitation act, but first, they have to approve it. That will
probably cost you $1000 because of the nature of your offence. They
don't have to approve it, but they might... that's between you and
them.
Second of all, your offence resulted in your being deported from the
United States where you were also living illegally (it wasn't as if you
were a permanent resident there who made a mistake). The offence and
the deportation makes it pretty likely you will spend a lot of money to
file waivers, on the slim chance you might be allowed back, depending
on your reason for wanting to enter (as another poster commented).
yes, it's true, there are lot of people who did stupid things when they
were legally an adult, but mentally immature, and it's unfortunate in
some cases that people are banned from travel as a result of things
they did in their 20's when they haven't done any illegal acts in 20
years, and are in their 40's with a haunting record. But don't jump on
the band wagon and defend those people just because you have your own
personal crusade against the US Government.
In response to "you", who I'm not sure if he's a troll or just a very
opinionated poster... the Visa application form for the PRC does not
inquire about criminal convictions. Tai Fu isn't from the PRC, but
rather the ROC, but I don't think the Visa application process would be
much different. I can name quite a few countries that will inquire
about convictions, however it primarily depends on whether the visa is
for residency or travel. For the US, it doesn't matter the purpose of
entry. And the way they see it, their country has enough criminals, the
jails are full, and the warrants out for non-residents is probably
pretty high... they aren't about to invite trouble to visit. That's why
certain types of people are inadmissable (or barred) from entry, even
if the individual barred is not a convicted criminal (including
lifestyle, past lifestyle, and health related grounds).
S.
Jan 3rd 2007, 12:12 am
#13
Guest
Posts: n/a
Re: Holidaying in the USA with a criminal conviction
I pretty much gave up on ever being back in the USA... felt like I might
have a good shot at Canada since they seem somewhat reasonable. Given USA's
immigration policy it seems as if it's a whole lot easier to go in illegally
than to legally apply for the paperworks and only to be denied (and after
spending millions too)
Then they wonder why there are millions (and counting) of illegal aliens in
the USA.
My dad just took an oath to citizenship but it's not like its gonna do any
good for me anyways.
--
TAI FU
have a good shot at Canada since they seem somewhat reasonable. Given USA's
immigration policy it seems as if it's a whole lot easier to go in illegally
than to legally apply for the paperworks and only to be denied (and after
spending millions too)
Then they wonder why there are millions (and counting) of illegal aliens in
the USA.
My dad just took an oath to citizenship but it's not like its gonna do any
good for me anyways.
--
TAI FU
Jan 3rd 2007, 12:33 am
#14
Guest
Posts: n/a
Re: Holidaying in the USA with a criminal conviction
As to the PRC not asking for criminal convictions that is because PRC has
questionable criminal codes. Imagine what if you spent 5 years in jail in
the PRC for "espionage" (which is a serious crime in any country) because
you were advocating for rights or were exposing government corruption? so
its kinda hard to believe a charge made by the PRC government.
as for firearm offense in Canada (and the US as well) it depends on what
offense was the firearm used in. It ranges from not so serious to very
serious...
--
TAI FU
questionable criminal codes. Imagine what if you spent 5 years in jail in
the PRC for "espionage" (which is a serious crime in any country) because
you were advocating for rights or were exposing government corruption? so
its kinda hard to believe a charge made by the PRC government.
as for firearm offense in Canada (and the US as well) it depends on what
offense was the firearm used in. It ranges from not so serious to very
serious...
--
TAI FU
Jan 4th 2007, 10:50 pm
#15
Guest
Posts: n/a
Re: Holidaying in the USA with a criminal conviction
I think if you got a CMIT crime you have to apply for a wavier before they
can let you in, and even then the wavier doesnt last forever.
Like I said.. USA is VERY paranoid especially at this time... you might try
Canada, they are not unlike the USA but they are a lot more tolerant of
outside culture and are more reasonable regarding criminal convictions. If
its 5 or more years since you finished every sentence (that means probation,
fine, everything) you can apply for rehabilitation. However if it hasn't
been 5 years and you must go there then you will have to apply for temporary
resident visa. According to CIC website they are issued on a
"special/humaniterian consideration" so chances of getting a TRV before the
5 year is up is slim unless its an emergency...
However compared to the USA Canada is a lot more reasonable, since in the
USA once a criminal always a criminal. They have a one strike policy and
they dont care if you want to vacation to the USA or if your father (who is
a citizen and lives in the USA) is dying and you must be there to help him.
--
TAI FU
"movida" <[email protected]> wrote in message
news:[email protected] m...
>
>> In order to determine whether your conviction is a CIMT and/or whether
>> it qualifies for the petty offense exception, you need the court
>> disposition paperwork that shows the specific statute you were
>> convicted under. This should tell whether it is a CIMT, your
>> disposition and what the maximum sentence would be for that matter.
>>
>> If you have that info, you should be able to tell whether you are
>> inadmisisble or not. In order to analyze and prepare yourself, you
>> may want to consider consulting with an immigration attorney who can
>> look at your conviction, advise on admissibility and advise on what to
>> do next. Hopefully you can avoid the waiver because the need for one
>> would be for life.
>>
>> Regards,
>
> After looking through all the police/court paperwork, what I found is
> that is says the following:
>
> 'Offence- Theft By Employee - S.1(1) Theft Act 1968'
>
> From that, how do I determine what you've asked, i.e. if it's definitely
> a CIMT, my disposition, and what the maximum sentence is?
>
> Finally, I understand that if I have to apply for this special visa it
> would be for life-but how long will the visa last if it is issued? Would
> I have to reapply EVERY time I wanted to go to the USA, or will the visa
> allow me to travel there 'as normal' for 5/10 years or something?
>
> Many thanks.
>
> --
can let you in, and even then the wavier doesnt last forever.
Like I said.. USA is VERY paranoid especially at this time... you might try
Canada, they are not unlike the USA but they are a lot more tolerant of
outside culture and are more reasonable regarding criminal convictions. If
its 5 or more years since you finished every sentence (that means probation,
fine, everything) you can apply for rehabilitation. However if it hasn't
been 5 years and you must go there then you will have to apply for temporary
resident visa. According to CIC website they are issued on a
"special/humaniterian consideration" so chances of getting a TRV before the
5 year is up is slim unless its an emergency...
However compared to the USA Canada is a lot more reasonable, since in the
USA once a criminal always a criminal. They have a one strike policy and
they dont care if you want to vacation to the USA or if your father (who is
a citizen and lives in the USA) is dying and you must be there to help him.
--
TAI FU
"movida" <[email protected]> wrote in message
news:[email protected] m...
>
>> In order to determine whether your conviction is a CIMT and/or whether
>> it qualifies for the petty offense exception, you need the court
>> disposition paperwork that shows the specific statute you were
>> convicted under. This should tell whether it is a CIMT, your
>> disposition and what the maximum sentence would be for that matter.
>>
>> If you have that info, you should be able to tell whether you are
>> inadmisisble or not. In order to analyze and prepare yourself, you
>> may want to consider consulting with an immigration attorney who can
>> look at your conviction, advise on admissibility and advise on what to
>> do next. Hopefully you can avoid the waiver because the need for one
>> would be for life.
>>
>> Regards,
>
> After looking through all the police/court paperwork, what I found is
> that is says the following:
>
> 'Offence- Theft By Employee - S.1(1) Theft Act 1968'
>
> From that, how do I determine what you've asked, i.e. if it's definitely
> a CIMT, my disposition, and what the maximum sentence is?
>
> Finally, I understand that if I have to apply for this special visa it
> would be for life-but how long will the visa last if it is issued? Would
> I have to reapply EVERY time I wanted to go to the USA, or will the visa
> allow me to travel there 'as normal' for 5/10 years or something?
>
> Many thanks.
>
> --
