ratched

I am a 30 year old nurse from the UK. I would like to live and work in the USA. I have a criminal record from 14 years ago. At age 16 i was arrested for shoplifting in Scotland. My case went to district court ( the lowest court in Scotland) and after pleading guilty, sentencing was suspended for one year. On my return to court one year later, i was admonished, which i understand is still a conviction under Scottish law.
I have been to the USA on holiday on several occassions under the VWP.After reading many posts on the site, i realise that i should not have done so, but seem to have fallen into the same trap as many others as i was led to understand that the conviction was spent.

So, i have a few questions:

1.will a one time only offence (not so much as a parking ticket since then!), commited 14 years ago at the age of 16 make me inadmissable to the USA?
2. will the fact that i have travelled under the VWP rule me inadmissable or mean that i will be denied even a tourist visa in the future?


If i do start to persue the possiblity of living or working in the USA, i would of course look to hire an US immigration lawyer.
I just wondered if anyone had any advice for someone who realises that she has made a couple of mistakes.

thanks

crg

That nonviolent petty offense commited as a juvenile would not make someone inadmissible.

Since it wouldn't make someone inadmissible, failure to correctly fill out visa waiver form would not be a material fact and also not make someone inadmissible.

ratched

Thanks for taking the time to reply. I am just concerned as the law in Scotland is vastly different to England and i think that it counts as an adult offence as the case was taken before an adult court

crg

Even if it was in adult court, and violent for that matter, you'd only be inadmissible for 5 years after any sentence was served. This applies to persons who are 15/16/17 years of age. Criminal acts 14yrs and younger are not considered. Drug trafficking is treated differently.

ratched

Ok, so even though the case was heard in an adult court, and Scottish law treats persons of 16 as adults, US law would see it differently?

It was a one time only non violent offence.

would it be worth seeking advice from an immigration lawyer just to clarify before trying to visit the US again?

crg

The US will see it as an adult conviction, but the regulations treat adult convictions differently based on age of the individual as well.

I'd never advise someone not to seek professional legal advice if they felt the need to do so. Maybe the section of law may help you decide:

http://uscis.gov/lpBin/lpext.dll/ins...htm#slb-act212

212(a)(2)(A)(i)(I) of the INA states:
(see exceptions)

(2) Criminal and related grounds.-
(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Either way, I'd travel with court records detailing the incident in case you are required to prove your admissibility. Show them if asked. A visa is always better, but I don't see a problem with using the visa waiver program in this specific case.

scrubbedexpat099

You need an Employer first, the Employer will usually arrange the legal side of things.

Scottish or English law is not relevant, US law is. There is no Rehabilitaion of Offenders Act, but there is a big difference usually between pre and post 18 convictions.