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Non EU citizen traveling to US with UK penalty notice and caution


https://forum.unlock.org.uk/Topic11009.aspx

By BenS - 5 Aug 15 6:55 PM

Hi Dani,

Yes I am a British citizen and I truly appreciate how lucky I am to have this passport, and I don't take it for granted, especially with a criminal record. I'm really sorry about your situation. It's frustrating how your ability to travel, live and work depends on what side of some imaginary line you were born on.

Obviously everything I mention is just my thoughts, should not be taken as proper advice and I am not an expert in the slightest, but if there is 100% no requirement for a police certificate then perhaps you will be OK. Applying for a US visa from Morocco for a Tunisian citizen, the US will probably have no need or thought of checking with a random, distant country that is totally unconnected with your application (the UK), if there is nothing to suggest that you have any connection to the UK.
By dannys - 3 May 16 10:55 AM

Deb S said...
Shoplifting isn't considered to be so and therefore on the ESTA form, you would be able to answer 'No'.


Sorry to disagree. Shoplifting is usually considered to be moral turpitude. It would usually be covered by the "petty offense exception" though. As the OP is applying through a DS-160 the question is different.

The offense should be covered by the "petty offense exception" IF the value of goods was less than $1000.

District of Columbia code (depending on charge)

Shoplifting property
Shoplifting
Fines up to $300 and/or up to 90 days in jail

Theft of property valued at less than $1,000
Second degree theft (misdemeanor)
Fines up to $1,000 and/or up to 180 days jail time

Theft property valued at $1,000 or more
First degree theft (felony)
Fines up to $5,000 and/or up to 10 years of jail time

"petty offense exception" is

he or she committed only one (moral turpitude) crime;
the maximum penalty possible for the crime did not exceed imprisonment for one year; and
the noncitizen seeking admission was not sentenced to a term of imprisonment longer than 6 months.

Entirely up to the OP how he wants to proceed.

Post Edited (dannys) : 07/07/2016 13:32:31 (GMT+2)