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i just received an US visa, but can I enter the US, even I

 
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  • Answered by:Longhorn Lawyer
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Customer Question

i just received an US visa, but can I enter the US, even I was arrested for a petit larceny ($35.00) in 1981 In my final Disposition is Stated: Credit time Served.

I received US visa continiously during the period of 1981 trough 2007 without any problems by entering the US. After my last US visa expired in 2007 (august), I replied for another one in 2008 and this one was held up untill 14 june 2012 because of the petit larceny case from 1981 almost 31 years ago.

Can I enter the US again without problems, with my new received visa ?

 

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State/Country relating to question: Suriname

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Submitted: 303 days ago.
Category: Immigration Law
Value: $30
Status: CLOSED

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Expert:  Longhorn Lawyer replied 302 days and 23 hours ago.

Hello! And thank you for your question! I'm happy to help you with your Immigration or TSA questions, and will do my best to do so based on my expertise. Please note that while you are working with me, I also will be working with several other customers, so you may experience delays. Please be patient as we work through this process - your questions WILL be answered in the order they are received.

Unfortunately, there is no way to predict whether an officer at the border will permit you to enter the US, with a criminal record. The decision that the consular officer makes is a separate and distinct decision, and the border agent does not have to follow the consular officer. The only thing the visa does is make you eligible to travel to the US and eligible to enter the US. But it is the border agent that decides whether they will let you in, even if the visa is approved.

The best I can offer is that it is highly unlikely that you will have issues entering the US. This is because immigration laws do provide an exception to a theft conviction, through the "petty offense exception." The exception says that if the maximum penalty possible for the crime of which the alien was convicted … 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), then the petty criminal offense will be excused, for the purposes of admission to the US.

So if you qualify for the exception, it is unlikely you will confront issues entering the US.

I hope I have answered your question. Please remember to rate my answer below. If you have further questions, simply use the "REPLY" or "CONTINUE CONVERSATION" button, instead of not rating the response "Helped a little" or "I expected more." I will be happy to continue working with you to do everything I can to provide you with the service you seek..

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Expert TypeImmigration Attorney
Category: Immigration Law
Pos. Feedback: 97.4 %
Accepts: 5313
Answered: 6/19/2012

Experience: Experienced in all aspects of immigration and nationality law.

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Customer replied 302 days and 22 hours ago.

the answer was great. In 2011 the consulor officer asked a question about an address I gave the police in 1981, but before I could answer she closed the conversation. According to the Judge the case was closed in 1981. Wat can I akspect from this action from the consular. If I read your answer well than I am qualify for the exception and indeed will not confront issues by entering the US. But please your comment on the consular officer and should their be any e.g. re-opening of an case like this because of what the consular was trying to put to my attention?

Customer replied 302 days and 22 hours ago.

the answer was great. In 2011 the consulor officer asked a question about an address I gave the police in 1981, but before I could answer she closed the conversation. According to the Judge the case was closed in 1981. Wat can I akspect from this action from the consular. If I read your answer well than I am qualify for the exception and indeed will not confront issues by entering the US. But please your comment on the consular officer and should their be any e.g. re-opening of an case like this because of what the consular was trying to put to my attention?

 
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