World Esquire Law Firm | Aime Katambwe
You probably do providing that at your interview you can give a pretty good reason why you should be let back in. Theft is a crime involving moral turpitude and because of that it may affect your eligibility and/or admissibility into the US. It most likely qualify for the petty offense exception and therefore you could be OK to come back with a good waiver. I would suggest that you consider doing a K-3 instead. As the spouse and parent of a USC you will carry more weight when you present a waiver of a condition of inadmissibility since you will certainly be eligible for the status you will be seeking. Good luck!
Answer Applies to: California
Eric M. Mark, Attorney at Law | Eric Mark
The voluntary departure is not a bar to returning, as removal would have been, but your conviction for theft could be a problem that requires a waiver. More information is necessary. Call me for a consultation and we should be able to figure it out.
Answer Applies to: New Jersey