QUESTION
If I was charged with shoplifting would it affect immigration?
Asked on Feb 16th, 2012 on Immigration - Georgia
More details to this question:
I have been charged with shoplifting which was reduced to littering charge by the judge. Now I am worried how this would affect my immigration clearance when I enter the United States from India. I know during immigration or when filing for a green card or when applying for certain jobs, there is a check box to verify if you have been convicted or arrested. I have been both, but now it has been reduced to littering ticket. I am still not sure if the original crime will show up ever anywhere? Also if the littering ticket would affect immigration ? Is there a way to wash the record completely?
6 ANSWERS
Immigration & Naturalization Attorney serving Olympia, WA
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Seifert Law Offices PLLC
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Yes.
Answered on May 30th, 2013 at 9:10 PM
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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Petty or other form of theft is generally a crime of moral turpitude that usually has a negative effects immigration status. I recommend that you consult with an immigration attorney to understand your rights and obligations, and options.
Answered on Mar 02nd, 2012 at 10:09 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Your criminal record should not affect your chance to receive a visa to enter the US. Even if you expunge the criminal record, it would still be in your record and the feds can see it.
Answered on Feb 27th, 2012 at 11:46 AM
Leon Wildes
If reduced you will have no problem.
Answered on Feb 27th, 2012 at 10:40 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It depends on your immigration status, but generally speaking, it sounds like it is a relatively minor misdemeanor and not a crime involving theft or moral turpitude, so you should be fine. Get a full copy of the charging document, the court order and court disposition and consult with an immigration attorney that is familiar with your states criminal statutes.
Answered on Feb 27th, 2012 at 10:30 AM
In general, a conviction of a littering offense will have no impact upon eligibilities for immigration benefits. It is necessary to be fully honest with all communications with immigration authorities, and so the arrest and conviction will need to be disclosed. Depending upon the immigration benefits that are sought and steps that are to be taken to apply, one may be required to supply certified copies of court disposition documents (such as the arresting document(s), the plea, the court's order and proof that all fines were paid and compliance was made with all other requirements of the court). An expungement of a conviction or a sealing of a record may not make any difference to immigration authorities. It would be wise to engage an immigration attorney to review the relevant arrest/conviction documents and then advise you about your eligibilities, options and strategies.
Answered on Feb 27th, 2012 at 9:35 AM