from the United States or denied entry. It is important to know that not every crime is considered morally wrong, though. Based on the certain crime that was committed, even if it involved moral turpitude, there is a chance that you still may be eligible for a visa if it qualified for a “petty offense.” If you are able to prove that your crime was a petty offense, then you will need to request special legal forgiveness.
How to Determine If Your Crime Was a Petty Offense
A crime that involved moral turpitude is considered to be a petty offense if the following applies:
- 1 The maximum penalty that you received for the crime you committed was for one year or less, and
- 2 The maximum penalty that you received for the crime you committed was for one year or less, and
Many times, people make the mistake of assuming that a misdemeanor will qualify for a petty offense and a felony will not. However, no matter what type of crime was committed, it is imperative that the two rules listed above apply to your case, otherwise, it is not considered to be a petty offense. For example, some felonies may apply to the petty offense exception, and some misdemeanors may not.
How to Prove That the Petty Offense Exception Applies to Your Case
In order to prove that your offense is considered an exception, you will need to provide the U.S. government authoritative figure who is in charge of ruling your immigration application with the following:
- 1 Certified disposition from the court that sentenced you
- 2 A copy of the statute that convicted you, which shows the maximum sentence for that crime
The protocol needed in order to obtain any certified information varies from court to court. It is important that you discuss this matter with your criminal and immigration lawyer, as he or she will be able to contact the court clerk at the place in which you were convicted. Keep in mind that the petty offense exception only applies to crimes that are considered to have moral turpitude. An offense such as a controlled substance violation would not be considered an exception. In addition, a petty offense exception can only apply to one offense. Let’s say that someone committed two or more crimes that involved moral turpitude--in this case, you will not meet the exception rule.