QUESTION
What happens to my visa after a shoplifting charge?
Asked on May 10th, 2012 on Immigration - Georgia
More details to this question:
The quick and dirty is this. I shoplifted six shower nozzles (explanation below) from a supermarket. Got arrested but was not charged "issue warning in lieu of prosecution". Now my husband has been transferred to the us and will be applying for an l1 visa whereas I will apply for an l2. How will this affect my application? To explain matters of the theft it was basically a meltdown for me. I had lost my job in November in the same week we found out my father in law had cancer (he is terminal and that's why my husband is relocating). At the time of the incident my husband extended his month long trip to the us to 2 months and I just found out that a role I interviewed for was continuing to interview other candidates. I snapped. Took the shower nozzles and walked out of the store. As soon as I did this I was horrified and stood 20 feet away from the store for about 5-10 mins. At this point the security from the store came to me asked if I took something and I said yes right away and gave him the bag. I was also so hysterical from that point till my friend bailed me out more than 12 hours later. But now I am terrified that this has ruined my life. I\\\\\\'ve travelled to the us many times and went to college there as well. How will this affect my visa application and anything I can do to mitigate this? Thanks.
4 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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An arrest or charge by itself does not make someone inadmissible, but the admission of the crime will.
Answered on May 18th, 2012 at 1:39 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You must always disclose arrests when asked by immigration. However, only convictions can be used against you unless you admit under oath that you had committed a crime. Furthermore, there is an exemption for first time petty theft convictions that you may be able to use.
Answered on May 18th, 2012 at 10:37 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You should be okay given the petty offense exception. Moreover, a mere arrest is not a conviction. If asked by an official, alway answer the question truthfully.
Answered on May 17th, 2012 at 3:23 PM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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Based on the facts you presented there was no shoplifting conviction. If there are no other issues that prevent you from obtaining a visa; however you should always disclose the arrest when asked. Whether you have criminal records or not, the Consular officer has a wide area of discretion to issue a visa or not. Good luck.
Answered on May 16th, 2012 at 12:13 PM