Will I be denied my visa?

[samanthajayne226]

Hi There

I would just like to get an opinion on my situation.

Firstly my interview is at the London Embassy in two weeks time.

I have been denied entry to US, while trying to visit my husband on the visa waiver programme. I didnt know that I couldnt file for a visa in the USA, and basically got denied entry, as an intended immigrant without an immigrant visa. The officer told me it should not effect my i130.

My next issue was the fact that I was CAUTIONED ( not arrested) for shoplifting at the age of 17, just under 4 years ago. I was very stupid, and stole some make up. Never went to court, or got convicted. No other problems with the law.

The caution is on my police report, and I have sent a letter to the embassy detailing the fact that I was not arrested, and that i was delt with by a member of the youth offending team. The police women said it was a very minor crime, and surprised it could jeprodise my chances of getting a visa.

I am currently 3 months pregnant, and have not been to the USA, since november 2006. Im desprate to get my visa.

Has anyone commited a crime in the last 4 years, and managed to immigrate?

I know about the exemption clause of crimes of moral turpitude. What I dont understand is that there seems to be 2 parts i and ii. Does that mean I have to meet one of them or both?

My only problem appears that it has only been 4 years instead of 5 since the crime,

Many Thanks for any advice

[emt103c]

It looks like you might be exempt. . .you only have to meet ONE of the conditions below for the exception to apply to you. Now you need to find out the maximum sentence for a theft of such a little amount.

If your appoinment was a little later, you wouldn't even have to worry about it *sigh*

a. The exception found in INA 212(a)(2)(A)(ii)(I) for an alien who has committed a single crime involving moral turpitude while under the age of 18 allows the issuance of a visa to the alien although the alien was convicted while over the age of 18 if the:

(1) 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 five years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(2) Maximum penalty possible for the crime of which the alien was convicted (or for which 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 six months (regardless of the extent to which the sentence was ultimately executed).

Taken from:

http://www.state.gov/documents/organization/86942.pdf

[samanthajayne226]

thank you so much x