AlexK

Hello.

I am currently in the US on a F-1 visa and I did a stupid thing which resulted in my having a "Crime Involving Moral Turpitude" (theft over $100) on my record -- even though I only received an under one year probation and no jail time.

My question is: is there a time limit before I can become eligible for a US visa again?

Also, if I apply for an F-1 OPT (Optional Training Program) Visa, will the authorities involved do a background check for it? Or will I be asked whether I have any conviction, in which case I understand that it is not a good idea to lie?

Thank you
Alex

ian-mstm

It doesn't matter what sentence you received. What matters, is what the *maximum* possible sentence is for the crime.


I'll let the experts answer this... but I'm guessing you're looking at a very long time... a very, very long time.


Probably, yes... but you may no longer be eligible to file.


Yah... no matter how bad you think things are, lying will make it worse... possibly, beyond repair.

Ian

scrubbedexpat099

CIMT's do not go away.

Geting a waiver may be easier with time passing.

Tracym

Isn't there some sort of petty offense exception? If this was one...

oh yes - best bet is to get an immigration attorney to evaluation the situation.

Folinskyinla

Hi:

There is a "petty offense" exception. It may apply, or it may not. You don't give enough details to answer your question.

Also, if you [B]plead[B] guilty [B]before[B] consideration of the immigration consequences there may exist a possibility of setting aside the plea. This is dependent upon state law.

Schnorbitz

This is the description for the petty offense:

"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)."

If your offense falls under the above language, your admissibility to the U.S. should be allowed. Immigration officers always have the discretion whether to allow a foreign national into the U.S. or not.

Alyssa

does that statement above apply as the sentence applicable in the US, if the alien was convicted outside the US?

in other words, does it matter what the maximum sentence is in my country, or is it strictly based on US law? (as i have a similar problem, but reading this i might be eligible under petty offence exception)

crg

Theft Over? Was it handled as a misdemeanor or a felony? If it's a single misdemeanor then it usually qualifies for the single petty offense exception. Felony doesn't.

I goes by the max sentence possible in *your* country.

Alyssa

what if there's no max sentence? in Canada, a crime is either summary conviction or indictable. if proceeded by indictment, there is a prison time maximum (in the case of my offence, that was two years) but if it's not considered indictable (which for me it was not), it says in the criminal code "is guilty of an offence punishable by summary conviction." that could be anything from a small fine, probation, community service, days/months in jail... no one knows. i haven't found any guideline for the maximum sentences on summary conviction offences, i just assumed there wasn't one. if i recall correctly, you can't serve more than two years less a day in "jail" by summary conviction, but i don't know if that's true for all offences or not. two years or more is spent at a federal prison.

Folinskyinla

Hi:

I am informed that there are attorneys who practice criminal law in Canada. One of them just might know and how to cite the provision.

crg

Almost all CIMT summary convictions in Canada are not more than a year with the exception of sexual assault which as of 1992 or 1993 can carry a maximum sentence of 18 months even for a summary conviction.

Was this a theft under, or a fraud under? Was it just one? If you have the court records showing it was handled summarily, then you should be fine.

"General penalty

787. (1) Except where otherwise provided by law, every one who is convicted of an offence punishable on summary conviction is liable to a fine of not more than two thousand dollars or to imprisonment for six months or to both. "



"Sexual assault

271. (1) Every one who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

(2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 10]

R.S., 1985, c. C-46, s. 271; R.S., 1985, c. 19 (3rd Supp.), s. 10; 1994, c. 44, s. 19."

You can find the Canadian Criminal Code here:
http://laws.justice.gc.ca/en/C-46/

Alyssa

thanks for clarifying all this. wasn't theft/fraud, it was assault on a peace officer (i was resisting arrest, but got charged with assault).

crg

Which section of law was it? Was it § 270(1)(a), 270(1)(b) or 270(1)(c)?

They're not all CIMTs.