Currently I am in the process of potentially being charged for shoplifting/fraud under 5000 in Canada. I am hoping for alternative measures. I have an internship in the States starting January, so hopefully everything works out.

If I get into alternative measures and complete the program, will this cause a problem in the J1-Visa application?

It states that I need to answer whether I have ever been charged/convicted for a crime which in this case would probably be yes. I have also read about a petty offence exception. Would this exception help me in any way? Do US Customs (or people who grant the visa) follow this exception?

If I do not get into alternative measures and get a conditional discharge (next most likely thing) will the petty offence exception be less likely?

If I successfully obtain a J1-Visa, before I enter the States, would a discharge stop me from crossing the border (or US border at airport)? Less likely? More likely?

If I am stopped and rejected, does this mean I will have to apply for a US Waiver for the rest of my life?

If I am lucky enough to get an absolute discharge, where do I stand with my situation?

Overall, what do you think my chances are of me successfully starting my internship on time?

Any help is much appreciated. This has caused me great stress and I can't believe my mental lapses have gotten me into this much trouble as I have a lot riding on this inadmissibility.

I suggest you contact an immigration lawyer; if this hinges on your being allowed to start your internship, get all of your ducks in a row with advice from a lawyer.

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Originally Posted by tickle

I suggest you contact an immigration lawyer; if this hinges on your being allowed to start your internship, get all of your ducks in a row with advice from a lawyer.

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Thanks for the response.

I have done my research in regards to lawyers (I have a criminal lawyer trying to persuade crown for alternative measures). What can a immigration lawyer do for me? I am under the impression they just help me apply for visas/green cards/waivers. Can they actually convince US authorities to allow me through?

As of right now, my charge has not been approved yet. What can an immigration lawyer do for me? They are rather quite expensive since first consultation is $100s. But if it truly helps I have no choice

Sorry I wasn't able to answer your questions in depth; but not qualified really to answer seeing as everything hinges on you getting down there. Did not want to mess you up by giving you information that would jeopardize your chances of getting down there on time.

Let me put on my thinking cap and read around and see what I can come up with as to a number you can call to get this info free.

Of course, if you get an absolute discharge it is smooth sailing.

You do have a current CDN passport though, right?

Try this website and see what you gleen from it http://www.h1base.com/visa/work/Comp...Visas/ref/1134

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Originally Posted by tickle

Sorry I wasnt able to answer your questions in depth; but not qualified really to answer seeing as everything hinges on you getting down there. Did not want to mess you up by giving you information that would jeopardize your chances of getting down there on time.

Let me put on my thinking cap and read around and see what i can come up with as to a number you can call to get this info free.

Of course, if you get an absolute discharge it is smooth sailing.

You do have a current CDN passport though, right?

Try this website and see what you gleen from it http://www.h1base.com/visa/work/Comp...Visas/ref/1134

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Thanks tickle

Yes I do have a valid CDN passport and it won't be expiring any time soon.

I read over the site and it seems standard.

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

Is the part of the application DS-156 I am worried about.

I would greatly appreciate more information. I did some research myself but it cannot hurt for another eye. I am curious if you have seen an situations like this?

The only similar situation I have seen here is a convicted felon asking if he can travel to UK and of course the answer is no.

I can research and answer basic immigration questions, but sorry I can't take yours any further because it is what it is and needs someone versed in immigration law, or something similar, in order to answer it.

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Originally Posted by tickle

The only similar situation I have seen here is a convicted felon asking if he can travel to UK and of course the answer is no.

I can research and answer basic immigration questions, but sorry i can't take yours any further because it is what it is and needs someone versed in immigration law, or something similar, in order to answer it.

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Thanks for your help tickle.

I have been recently told that the charges were dropped. This has given me much relief.

However, I want to know how strict the US Consulate is and the chances of me obtaining a J1-Visa when I have a local police record but no charges approved and/or convictions. To repeat, I currently just have a police record that shows I have been arrested aka not a criminal record. I am told this cannot be seen at the US Border, but when applying for the visa, I should truthfully disclose that I have been arrested.

I read around that it is ultimately up to the Consulate to decide and they do not have to obey the rules (essentially). Wondering if you have any knowledge in this regard.

In any case, thanks either way if you can help me further or not. Hopefully I don't put myself in these situations due to my stupidity.

Kind of a loaded question. Its sort of like 'will I have trouble getting across the US order to visit on a rainy day, after getting a woman border guard?' My meaning is, who knows, but it is a shame you have to answer yes, because when a police check is done for a job, if no criminal record comes up, then everything is clean. Go to a local police station, pay $25 and ask for a background check, wait and see what comes up. And then again, anyone can be arrested for just about anything in Toronto now; so how is that credible, but its when you have to explain why that is the clincher, and then again it all depends on who you get as at the consulate.

No knowledge in that regard, other then I had no trouble getting a green card with my husband years ago when he was sponsored for a job in the US. It breezed through.

Good luck with this.

Tick