Criminal Hx question in I-485 form

[Moon84 0]

hi there again!

i have a friend who is also planning to apply for a greencard. Let me tell you guys her story. She got caught shoplifting about 5-6 years ago. she was not arrested. she had to go to the court in front of the judge. she had to pay a fine and was banned from the store where she shoplifted. she told me that when her work did a background check on her, it did not show anything. i mean her background check was clear. so she was wondering if she have to put yes on the form I-4485 where it ask for a criminal history.Even though her background check shows clear. do u guys think that it will affect her to get a greencard? shoplifting is a misdemeanor right? or is it a felony!

so please guys i need as much replies i can get for her.

thanks.

[Moon84 0]

hi there again!

i have a friend who is also planning to apply for a greencard. Let me tell you guys her story. She got caught shoplifting about 5-6 years ago. she was not arrested. she had to go to the court in front of the judge. she had to pay a fine and was banned from the store where she shoplifted. she told me that when her work did a background check on her, it did not show anything. i mean her background check was clear. so she was wondering if she have to put yes on the form I-4485 where it ask for a criminal history.Even though her background check shows clear. do u guys think that it will affect her to get a greencard? shoplifting is a misdemeanor right? or is it a felony!

so please guys i need as much replies i can get for her.

thanks.

Please VJ members i need some replies here.

[Sweetcheeksss 91]

Honesty is the best policy.

[garysworld n ana 3]

If she was caught shoplifting in the USA and went before a judge and fined....there was a conviction (may or may not show on record depending on judges stipulation).

Employers use outside companies for background checks. Depends on how good the company is and how indepth the employer asks them to research as to what will show.

If she was caught in the USA, each state has its own laws regarding shoplifing.

Many have classifications relating to $$$ value of items shoplifed as to the punishment.

The government background checks performed are said to be very in-depth.

It is for you to decide, but if you say no....and they find out different....what will be the result?

On the other hand....it is unlikely that a shoplifting conviction (by itself) will result in a rejection.

My opinion only...I am not an attorney!

[Harsh_77 718]

I would go with Honesty is the best policy.

[engineer21 51]

My understanding of the INA is that shoplifting is a crime involving moral turpitude because it is considered theft.

It is probably not serious enough to result in a rejection BUT I think it is best to include it in the application.

Honesty definitely is the best policy. Better than being rejected for material misrepresentation later.

A lawyer consultation might be beneficial.

Best of luck to your friend!

[Moon84 0]

My understanding of the INA is that shoplifting is a crime involving moral turpitude because it is considered theft.

It is probably not serious enough to result in a rejection BUT I think it is best to include it in the application.

Honesty definitely is the best policy. Better than being rejected for material misrepresentation later.

A lawyer consultation might be beneficial.

Best of luck to your friend!

thanks VJ members. i will tell my friend to be honest and tell the immigration truthfully. i hope it will not affect her to get the greencard. Have you guys heard anything about it? i have one more question for her. so what would she mark on the form under criminal hx? is it A OR B she should mark in the form.

A says: Knowingly comminted any crime of moral turpitude or a drug related offense for which you have not been arrested

B says: Been arrested, cited, charged, indicted, convicted, ,fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations.

so please VJ members... let me know which one she is suppose to mark.

thanks moon

[Darnell 8,479]

*** moving to an AOS forum - the I-485 is not used for any CR-1 visa, ever. ***

[milimelo 4,541]

thanks VJ members. i will tell my friend to be honest and tell the immigration truthfully. i hope it will not affect her to get the greencard. Have you guys heard anything about it? i have one more question for her. so what would she mark on the form under criminal hx? is it A OR B she should mark in the form.

A says: Knowingly comminted any crime of moral turpitude or a drug related offense for which you have not been arrested

B says: Been arrested, cited, charged, indicted, convicted, ,fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations.

so please VJ members... let me know which one she is suppose to mark.

thanks moon

B, as you said she was in front of the judge and was fined.