Potential Problems From A Shoplifting Incident

[Joseph99]

Hi, I recently married an F1 student from California. We are about to file for paperwork for her to change her status. My question is, she was charged with a petty shoplifting back in 1999 and she has been trouble free since, she is currently 6 months from completing her masters.

Are there any complications or things I should worry about? She has completed her community service hours, stayed free from trouble ever since and paid her fines.

What should I answer on her application...the question that relates to her ever being charged with a crime?

By the way, she was 19 when she committed this crime.

Thanks for advice!

[aaron]

As you say, she was charged with a crime. She would thus answer that she has been charged with (and presumably convicted of) a crime.

If this was a typical shoplifting misdemeanor (e.g., a 90-day misdemeanor), the odds are good that it will be classified under the petty offense exception to crimes of moral turpitude, and thu snot prevent her adjustment of status.

[Joseph99]

Thanks Aaron for the reply!

She paid her $500 fine and completed her 80 hours of community service. It was violation 484(A)PC and completed she also completed probation.

Is there a way to seal the documents or regardless USCIS will be able to see the records?

[aaron]

As you will see from the application forms, whatever she does, she has to report the incident to the USCIS.