Shoplifting, Larceny, Robbery, Theft Student Visa and shoplifting

[chloe09]

Hello!
I have a question regarding a shoplifting arrest which got me arrested and now of course really concerns me. I hope I can get some answers here!
When the incident happened I was only visiting the US and thus on a tourist visa. Now I would like to study in the US, and therefore applied for a Student-Visa, which fortunately I could attain. Of course I had to admit to my arrest ( I had to do community service and I got ACD (Adjourned in Contmplation of Dismissal) - the case got dismissed after 6 months) but I still was eligible for a VISA.

Now I am afraid that when actually traveling to the US I still could be denied an entry even though you have a VISA because ACD is actually a conviction of a crime? is that true?

Thanks soooo much for your help!

 

[Michael Wechsler]

An ACD is not a conviction. It means the case has been dismissed pending something occurring (e.g. the successful completion of a probationary period.) So what the court does is give you a chance and dismisses the case without deciding whether you were innocent or guilty.

What you may have is a record for a criminal arrest but it is not nearly the same thing - but the larger large issue is an arrest or conviction of a crime involving "moral turpitude." In general, you may be asked a question regarding employment about having any prior arrest or prior conviction for which the answer to the first is "yes" and second is "no." Unfortunately, you may be asked just one question when applying for a VISA - whether you have been "arrested or convicted" for a crime involving "moral turpitude" for which the answer to that question is YES - and a challenge when trying to enter the US. As a result, an arrest or conviction for shoplifting could bar you from admission into the US and getting a VISA.

There is a petty offense exception for one petty offense and misdemeanor shoplifting may qualify. For more information, especially with regard to your case and the specific details, you probably want to speak to an attorney.