Will an arrest for shoplifting affect an immigration residency petition? 3 Answers as of May 09, 2011

My daughter shoplifted. They made her fingerprints taken; She is waiting for a petition from her husband for residency. Got a letter from USCI they will call her for fingerprints. Please let me know what can she do?

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Devore Law Group, P.A.
Devore Law Group, P.A. | Jeffrey A. Devore
Yes, it will have some bearing on the success of her petition and will have to be addressed. Consult with an immigration attorney about the specific facts of the case.
Answer Applies to: Florida
Replied: 5/9/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes it will affect it if she is or was convicted of a felony because of it. If the conviction was for a misdemeanor, then even though petty theft is a crime involving moral turpitude (in a nutshell acts that are morally reprehensible and frowned upon by society. It is more complicated than that), it will be forgiven under the Petty Offense Exception, but only if this is her only criminal offense. So, she will need to find out what is in her criminal record. Good luck!
Answer Applies to: California
Replied: 5/6/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
A shoplifting conviction could make your daughter ineligible for her Green Card. Certain convictions make a person inadmissible. Whether it does depends on the potential and actual sentence for the conviction. Before she pleads to any of the charges she should speak to an immigrant attorney to discuss the consequences and anyway to avoid them. Most criminal defense attorneys are not aware of the immigration consequences of a criminal matter.
Answer Applies to: California
Replied: 5/6/2011
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