I was convicted of theft under $1,000.00 in Canada several years ago. If I try to enter the United States as a visitor, will I be turned away at the border because of this criminal conviction?

One of the grounds for excludability is a crime of moral turpitude, other than a purely political offense. The term "moral turpitude" means behaviour which is inherently base, vile or depraved, contrary to the accepted roles of morality and the duties owed between men and men, either one's fellow man or society in general. Theft is generally considered a crime of moral turpitude. Neither the seriousness of the offense not the severity of the sentence imposed determines whether or not a crime involves moral turpitude. This ground of excludability extends to those who commit, admit having committed or who admit to committing acts which constitute the essential elements of the crime of moral turpitude. It also extends to an attempt or conspiracy to commit such a crime. However, there are exceptions to the general rule excluding aliens for crimes of moral turpitude. They are discussed below:

1. Young Offender Exception

The following facts must be present:

1. the alien has committed only one crime; and

2. the crime was committed while the alien was under the age of eighteen; and

3. the crime was committed more than five years before the date of application for visa and application for admission; and

4. the alien was released from incarceration imposed for the crime more than five years before the date of application for the visa and application for admission.

2. Petty Offense Exception

The following facts must be present:

1. the alien has committed only one crime; and

2. the maximum penalty possible for the crime does not exceed one year's imprisonment; and

3. if the alien was convicted of the crime, the alien was not sentenced to imprisonment for more than six months, regardless of the extent to which the sentence was ultimately executed.

3. Purely Political Offenses

The exclusionary rule specifically excludes purely political offenses. A political offense is generally interpreted as an act taken by others as part of a war, insurrection, or rebellion in an attempt to replace the legal authority.

It should be mentioned that these exceptions apply only to exclusion for moral turpitude offenses and not to other grounds of exclusion such as criminal convictions involving controlled substances.

Even if none of these exceptions had applied, in most cases it would have been possible to apply for a waiver of inadmissiblity which would permit your temporary entry notwithstanding your excludability. However, a waiver of inadmissibility involves an exercise of discretion on the part of the INS and, if granted, must be renewed at least once per year.

Theft under $1,000.00 is considered a summary conviction offence under the Criminal Code of Canada. Under the Criminal Code of Canada, the maximum period of incarceration which may be imposed for a summary conviction offence is six months. Therefore, assuming that you are not guilty of any other moral turpitude offense, this conviction would fall under the petty offense exception and would not operate to exclude you from the United States.