J1 Visa help!
Feb 15, 2016, 12:53 pm
#1
Original Poster
Join Date: Feb 2016
Posts: 2
J1 Visa help!
Hi my query is an awkward one. I was previously in America a couple of years ago and I was arrested for theft for less than $100. I spent the night in jail where they took my details and finger prints and set a court date for a date that was after my flight home to Ireland. I checked the criminal records for the state of Maryland under my name and my case is there with the status set to warrant and failure to appear.
My question is this I want to return to America on a j1 work exchange programme. How is the best way to go about this? Is there any way to sort out the warrant in Ireland.
The other option I have relies on wether or not my case is on the national data base and wether or not it will show up when I try to get past customs if I don't sort it and leave it as is. Also I plan to go to the state of California on the other side of the country if that matters
Advice would be greatly appreciated!
My question is this I want to return to America on a j1 work exchange programme. How is the best way to go about this? Is there any way to sort out the warrant in Ireland.
The other option I have relies on wether or not my case is on the national data base and wether or not it will show up when I try to get past customs if I don't sort it and leave it as is. Also I plan to go to the state of California on the other side of the country if that matters
Advice would be greatly appreciated!
Feb 15, 2016, 1:30 pm
#2
Join Date: Dec 2015
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Posts: 392
Unfortunately, technology allows for rapid transfer of information-all the way from MD to CA. I would be more concerned about the failure to appear than the theft. I would give serious consideration to simply calling the court clerk of the district this occured and arranging resolution. Often, these types of things can be solved with payment of fines fines.
Good luck.
*I am not a lawyer and do not think you should base your decision soley on my input of course.*
Good luck.
*I am not a lawyer and do not think you should base your decision soley on my input of course.*
Feb 15, 2016, 3:40 pm
#3
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
Join Date: Dec 2009
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Posts: 20,639
Chances are that you are not going to get a visa, at least not without clearing the warrant and resolving the case.
From the Embassy of the United States in Dublin website:
Visas FAQs:
From the Embassy of the United States in Dublin website:
Visas FAQs:
I have a criminal record or have been arrested. Can I go to the States?
Criminal Convictions:
A. Convictions for some types of crime create a permanent ineligibility to enter the U.S., while others do not. In addition, some types of arrest can complicate the question of travel to the U.S. without a visa. Follow this link to criminal convictions webpage on this site. Please also visit the Department of State's website for more information about Classes of Persons Ineligible to receive Visas and Waiver of Ineligibility information. Also follow link to Visa Ineligibilities/possible Waivers.
Criminal Convictions
Documents relating to your arrest and/or conviction
What if I was convicted in the United States?
Under United States visa law, people who have been arrested at anytime are required to declare the arrest when applying for a visa or when applying to enter the United States. If the arrest resulted in a conviction, the individual may be permanently ineligible to receive a visa. In order to travel, the applicant should apply for a visa and a waiver of the permanent ineligibility is required.
Applicants applying for visas at the U.S. Embassy in Dublin are required to furnish a court record from the court(s) in which you were tried. Such court records must show the nature of the offense(s) committed, the section(s) of law contravened and the actual penalty imposed. If the arrest did not result in a conviction, you may submit with your application the documents relating to the arrest. Applicants applying for visas at the U.S. Embassy in Dublin are also required to furnish a Police Certificate from your local Garda Station. Information on obtaining the police certificate is available from the Garda Siochana website at http://www.garda.ie/faq.html#C2.
If you were arrested and/or convicted of an offense in the United States, you are required to obtain a court record from the court(s) in which you were tried. Such court records must show the nature of the offense(s) committed, the section(s) of law contravened and the actual penalty imposed. If the arrest did not result in a conviction, you may submit with your application the documents relating to the arrest. If you do not know the address of the court, the information is available from the internet at http://www.uscourts.gov/. Applicants are also required to furnish a Police Certificate from their local Garda Station issued within 6 months of the visa interview.
Feb 16, 2016, 6:43 am
#4
Join Date: Sep 2015
Location: YYZ (ex-LHR)
Programs: BA Silver, VS Red, OZ Silver
Posts: 446
Theft is considered a CIMT (Crime Involving Moral Turpitude) in the US. This would bar you from using the Visa Waiver Program, for example, and would require that you apply for a B2 visa, which may or may not require a Waiver of Ineligibility. My guess is the process is similar for the J-1.
You have several issues:
1) Overcoming the CIMT at the consulate during your visa interview
2) Stopping yourself being arrested by CBP at the Port of Entry for the warrant
3) Dealing with the warrant
4) Dealing with any further immigration issues caused by the warrant
5) And probably more.
I would advise, in the first instance, to ask this question on an immigration-specific board (British Expats is good for this) and go from there, but this does look like Lawyer Time.
The J-1 is low priority compared to the other issues.
You have several issues:
1) Overcoming the CIMT at the consulate during your visa interview
2) Stopping yourself being arrested by CBP at the Port of Entry for the warrant
3) Dealing with the warrant
4) Dealing with any further immigration issues caused by the warrant
5) And probably more.
I would advise, in the first instance, to ask this question on an immigration-specific board (British Expats is good for this) and go from there, but this does look like Lawyer Time.
The J-1 is low priority compared to the other issues.
Feb 16, 2016, 10:16 pm
#5
Join Date: Dec 2015
Posts: 370
The OP should absolutely consult with a criminal and/or immigration attorney to have this matter resolved promptly. Having an active warrant is worse than having a conviction.
If he/she somehow gets a visa and visits the US again, any LEO can and will see the warrant and make an arrest. The officer will likely not see what the warrant is about, especially if it's outside of Maryland. Meet a trigger-happy LEO and who knows what can happen.
If he/she somehow gets a visa and visits the US again, any LEO can and will see the warrant and make an arrest. The officer will likely not see what the warrant is about, especially if it's outside of Maryland. Meet a trigger-happy LEO and who knows what can happen.
Feb 17, 2016, 4:26 pm
#6
Original Poster
Join Date: Feb 2016
Posts: 2
I defiantly won't be trying to enter the US without the matter resolved now my issue is getting it resolved from Ireland. Best case scenario is it can be sorted by ringing the clerks office in the district court and paying a fine but I doubt it's that easy.
Even if I management to get the matter sorted, from the replies here and my research it doesn't look good for my visa unfortunately. :/
Even if I management to get the matter sorted, from the replies here and my research it doesn't look good for my visa unfortunately. :/
Feb 17, 2016, 7:53 pm
#7
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
Join Date: Dec 2009
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That's a bad idea, do not call the clerk's office; you may end up saying something that will come back and hurt your case. Call the public defender's office at that courthouse or the bar association lawyer referral service and talk to a lawyer familiar with that district court's rules and procedures.
Last edited by TWA884; Feb 17, 2016 at 9:31 pm Reason: punctuation
Feb 17, 2016, 8:19 pm
#8
Join Date: Dec 2015
Posts: 370
I defiantly won't be trying to enter the US without the matter resolved now my issue is getting it resolved from Ireland. Best case scenario is it can be sorted by ringing the clerks office in the district court and paying a fine but I doubt it's that easy.
Even if I management to get the matter sorted, from the replies here and my research it doesn't look good for my visa unfortunately. :/
Even if I management to get the matter sorted, from the replies here and my research it doesn't look good for my visa unfortunately. :/
Not getting this legal problem resolved may even harm your entry into Schengen countries in the future. (since Ireland and the UK are outside of Schengen.
Feb 17, 2016, 9:36 pm
#9
Join Date: Jul 2006
Location: DFW, SEA and AA in between
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Posts: 1,146
Pretty sure you mean definitely, but a typo like that won't help your case... I'm not a lawyer either, but...
Not likely - you failed to appear. Most courts take a VERY DIM view of people who flee. Especially internationally.
I wouldn't be surprised to hear you were remanded to custody until the trial (after all you fled last time). And a Public Defender is just going to tell you to plead guilty (you are) and hope for a suspended sentence.
I think you fail to understand how serious this can be. It's a slam dunk case for the district attorney to appear tough on crime!
Not likely - you failed to appear. Most courts take a VERY DIM view of people who flee. Especially internationally.
I wouldn't be surprised to hear you were remanded to custody until the trial (after all you fled last time). And a Public Defender is just going to tell you to plead guilty (you are) and hope for a suspended sentence.
I think you fail to understand how serious this can be. It's a slam dunk case for the district attorney to appear tough on crime!
Feb 17, 2016, 11:09 pm
#10
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
Join Date: Dec 2009
Location: LAX
Programs: oneword Emerald
Posts: 20,639
Pretty sure you mean definitely, but a typo like that won't help your case... I'm not a lawyer either, but...
Not likely - you failed to appear. Most courts take a VERY DIM view of people who flee. Especially internationally.
I wouldn't be surprised to hear you were remanded to custody until the trial (after all you fled last time). And a Public Defender is just going to tell you to plead guilty (you are) and hope for a suspended sentence.
I think you fail to understand how serious this can be. It's a slam dunk case for the district attorney to appear tough on crime!
Not likely - you failed to appear. Most courts take a VERY DIM view of people who flee. Especially internationally.
I wouldn't be surprised to hear you were remanded to custody until the trial (after all you fled last time). And a Public Defender is just going to tell you to plead guilty (you are) and hope for a suspended sentence.
I think you fail to understand how serious this can be. It's a slam dunk case for the district attorney to appear tough on crime!
Theft of property worth less than $100 is low level misdemeanor in Maryland (MD Code, Criminal Law § 7-104(g)(3)). While the OP has not done him/herself any favors by skipping his/her court date, it is not exactly the crime of the century. A lawyer can resolve such a case without the defendant appearing in court. On the other hand, as a crime of moral turpitude, it can affect the OP's admissibility into the US.
Feb 18, 2016, 12:13 am
#11
Join Date: Dec 2015
Posts: 370
In contrast, in the State of Ohio, it is apparently possible for a 60-yrs-old woman to get arrested for the 61st time.(for theft at Walmart)
Or worse, for some guy to have been arrested 109 times, 2/3 of which were felonies... again, in Ohio.
http://www.wbtv.com/story/30974844/c...n-south-euclid
Even a cat only gets 8 second chances.(out of 9 lives) Apparently, in Ohio, you can get second chances, over and over and over.......
Feb 18, 2016, 5:59 am
#12
Join Date: Sep 2015
Location: YYZ (ex-LHR)
Programs: BA Silver, VS Red, OZ Silver
Posts: 446
I defiantly won't be trying to enter the US without the matter resolved now my issue is getting it resolved from Ireland. Best case scenario is it can be sorted by ringing the clerks office in the district court and paying a fine but I doubt it's that easy.
Even if I management to get the matter sorted, from the replies here and my research it doesn't look good for my visa unfortunately. :/
Even if I management to get the matter sorted, from the replies here and my research it doesn't look good for my visa unfortunately. :/
Do what you need to do to rectify the theft issue in the US. Then, and only then, should you look at the immigration consequences. Theft of any value is a CIMT, so the fact it was less than $100 won't factor in.
When/if you next want to visit the US (and you'll need a visa, even as a visitor) the officer interviewing you at the consulate will be looking to see if you're remorseful and reformed, and won't commit crimes if he/she lets you in again. Your handling of the current situaton will weigh heavily. The fact you've ignored it for several years won't help, so start as soon as you can.