QUESTION

How does one go about re-entry to the United States with a shoplifting citation?

Asked on Feb 06th, 2013 on Immigration - Colorado
More details to this question:
I had no criminal record of any kind until today. Today I got caught shoplifting under $100. The police officer gave me a citation paper and told me ill will be notified for a court date. I have to travel within 5 days to my home country. I currently have a 2 yrs conditional green card I have to renew in 2-month time. Am not a minor. Will this be a problem for my re entry back to us. How will this affect my green card renewal?
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6 ANSWERS

Adebola O. Asekun
You should carefully consider whether it is wise to even travel outside the US at this time while you have a criminal case pending, especially so close to the deadline for filing your I-751 petition to remove the conditions on your temporary green card status. Instead, postpone this travel and wait for as long as it takes to resolve this matter. To do so, hire a criminal lawyer right away to represent you. If you do not have a prior criminal record, your lawyer should be able to get your case resolved with either an outright dismissal of the charges or a disorderly conduct violation without an admission on the record of plea to anything relating to shop lifting. As an LPR, you cannot afford a "hit" to any crime which may be grounds for deportation. While this appears to be a relatively minor crime. and for which a waiver is able to most LPR's I am afraid you may find that you do not qualify since you only just got a green card. Either way, to be sure you are making a decision you will not regret latter, you must hire an immigration attorney ASAP to work with your criminal lawyer in getting a safe disposition from the criminal court that will not negatively affect your US immigration status.
Answered on Feb 07th, 2013 at 3:49 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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This should not be a problem and should not affect your green card renewal. Make sure you return in time to attend your court date.
Answered on Feb 07th, 2013 at 3:37 AM

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Rebecca T White
You will want to discuss the situation with both your criminal defense attorney and an immigration attorney before you either agree to a plea. If you handle it well it will likely all work out for you.
Answered on Feb 07th, 2013 at 3:37 AM

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Corporate and Business Law Attorney serving Ridgewood, NJ
Partner at NPZ Law Group
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Having a criminal record may make you inadmissible. However, crimes of any type need to be thoroughly analyzed to determine their impact upon one's immigration status in the US. It is safest to NOT travel. The foregoing is not legal advice but general information.
Answered on Feb 06th, 2013 at 11:57 PM

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You will be able to travel and return despite the charge. How it will affect your status depends on the outcome of case.
Answered on Feb 06th, 2013 at 11:36 PM

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A simple petty offense arrest without conviction should not prevent you from re-entering the US with a valid LPR card. It should not prevent the removal of the conditions on your 2 year card if your marriage is bona fide. You should consult an immigration attorney.
Answered on Feb 06th, 2013 at 11:05 PM

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