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  1. #1
    Join Date
    Jan 2012
    Posts
    1

    Default Shoplifting and Visa Waiver Program

    My question involves criminal law for the state of: Florida

    Hello everybody.

    I got caught shoplifting with my cousin (teenage stuff) as I was 18 years old while I was visiting my family in Florida. They arrested me, took my fingerprints, a picture and sent me home. I had a court process in which (I think) I said I was guilty. I paid a fine of 70 dollars, made a course on a CD and made 10 hours of community service. I came back to my country as nothing happened... that was 9 years ago.

    Now the story is different... I went to university, got married to a swiss man, have a baby and live and work in Europe. I have a swiss passport and a new name. The thing is that I want to visit the USA with my husband for vacations but realized I have to answer this question about -moral turpitude- to opt for the visa waiver and I dont know what to answer.

    I contacted a lawyer online to solve me the problem but they answered they cannot find my name on the system, which means they might have misspelled my foreigner name.

    I dont know what else to do.

    1. In the case they can find my name or file number on the system, can my case be sealed even though I said I was guilty - I am not so sure but I paid a fine and made community service so that means I was convicted right?-

    2. If my case cannot be sealed is there anything else I can do?

    3. What if they dont find my name on the system? I have a new name anyways and a new passport. Can I say NO I HAVENT COMMITED ANY CRIME THAT INVOLVES MORAL TURPITUDE on my visa waiver application?

    I would pay thousands of dollars just to solve this problem and take my baby girl to disney world
    Thanks for your help.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Shoplifting and Visa Waiver Program

    Courts do not seal records absent a court order to do so. You must fill out the forms honestly.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Shoplifting and Visa Waiver Program

    When dealing with U.S. immigration, you should tell the truth. Odds are the offense would fall under the petty offense exception to CIMT's so as to not prevent your obtaining a visa. If you are caught lying you are done. You have a lawyer advising you, so listen to your lawyer.

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