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  1. #1
    Join Date
    Jan 2012
    Posts
    2

    Default Shoplifting and Green Card Application

    I was caught shoplifting for a cream - $80. Police was called and my photos and fingerprints were taken. I have a court date of 1st feb 2012. I hired a lawyer and he said since it is my first offence and I was never arrested before or have any criminal background, he can get me a plea bargain and So for the question: Were you ever arrested and stuff - My answer would be arrested- yes; convicted - No. But I am still concerned if it will show on my background check as a criminal record. I am about to apply for a green card application in a few months. I wanted to know how will this impact my green card application. Also I am going out of the country for 3 weeks on 10 feb.Will I be able to re-enter US if my trial is pending and I am not convicted.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Shoplifting and Green Card Application

    The fact that you got a "plea bargain" does not, of itself, mean that you won't be convicted. We don't know what the disposition of your case will be. If your case will be dismissed without a conviction, then there won't be a conviction - but you haven't told us even that much about the case and we cannot confirm that for you. Make sure you understand your plea bargain. Also, if your plea bargain requires you to enter a conditional guilty plea or to allocute (state facts on the record, under oath, substantiating that you committed the offense) you should expect that the USCIS will treat that as a conviction.

    For purposes of visa eligibility, a shoplifting offense will normally fall under the petty offense exception. There's no similar exception when the USCIS examines your background for purposes of determining if you're of good moral character for purposes of immigration. One conviction of a crime involving moral turpitude (such as theft) within the prior five years will not normally trigger deportation, but two or more generally will.

    Your best bet when you are involved in criminal proceedings at a time when you're considering seeking permanent residency or naturalization is to discuss the full details of your case with an immigration lawyer.

  3. #3
    Join Date
    Jan 2012
    Posts
    2

    Default Re: Shoplifting and Green Card Application

    Thanks for your reply. My lawyer got my charges ammended to Municipal ordinance Violation. I paid all fines. Now I am in India on a vacation and will be back to US at the end of this month. I am worried if there will be any issues in entry because of the arrest that happened. I am not sure how this Municipal Ordinance Violation is viewed in terms of how big a crime it is for USCIS to let me enter US. I am really worried and my whole vacation is getting ruined because of this. Please help.

    Thanks in Advance.

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