Question:

Can a 3rd degree theft charge cause an immigration visa to US refused at the embasy abroad?

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Minor offences in US including misdouminors. Person is married legally in US.

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  1. Theft is a crime involving moral turpitude. Aliens who have been convicted of a crime involving moral turpitude are inadmissible unless they qualify for one of the six exceptions. If you were convicted as an adult, the only possible exception available to you is the "petty offense" exception.  

    To figure out if you qualify for the petty offense exception, we would need to know what penalty was imposed upon you by the judge when you were found guilty of theft. If you were sentence to more than six months, you do not qualify for the petty offense exception.

    How the sentence was actually carried out does not matter. If you were sentenced to a year but the sentence was suspended, for example, you are inadmissible. If you were sentenced to just a fine, you would be admissible. It all depends on the sentence.

    You're only allowed one petty offense. What was your sentence?

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