Legal trouble...ugh

[megwarr 1]

I am almost too embarrassed to post this topic, but figured that if I could get some advice and possibly help someone in the future, it would be beneficial to post.

My husband (GC holder) was cited for shoplifting the other day. I'm obviously angry and upset, as it was something we could have easily afforded--but I'd rather not get into *that* aspect of it.

I have all the documents ready for our I-751 packet. I found these topics which had pretty good advice, but am open to anything others have to add, as they are a few years old now.

http://www.visajourney.com/forums/topic/188420-retail-theft-affecting-i-751-rejection/

http://www.visajourney.com/forums/topic/479592-petty-theft-and-citizenship/

http://www.visajourney.com/forums/topic/43539-arrest-record-and-i-751/

I'm not too worried about the I-751 itself, as its purpose is just to verify that we have a real marriage. I am, however, concerned with any implications this may have in a few years when he applies for citizenship and would appreciate any advice there. Other than changing the answer to a few questions and attaching the explanation of the incident, I don't need to do anything further with the ROC application, correct?

I'm hopeful that this was just a momentary lapse in judgement--my husband seemed sufficiently scared by the incident (spent the whole night vomiting at home, ha). He's had a tough time adjusting to life here, and I think this was a symptom of that. I think I'll leave it there for now.

Thanks!

[NancyNguyen 1,657]

Sorry but it did happen. Which state are you residing? And how much was the merchandise? Usually it is a misdemeanor, and results in fine and/or service hours. You should not deal with it yourself, consult an attorney and consider before pleading guilty. He might be able to have it dismissed.

Don't send in I-751 (part1/question 20 with yes answer) until the case was settled and you have a court disposition to send in along.

[KierenHby 899]

Save all law enforcement and court-related docs, you'll need em.

[Boiler 45,516]

ROC will need the case complete, you need to show 5 years good morale character to naturalise.

[aaron2020 11,651]

Hi,

Sorry that your husband is putting you through this.

I recall a Vietnamese wife/mom who was deported for shift lifting a sandwich on one occasion and a purse on another.

Here are some links; show these to your husband.

http://m.sfgate.com/news/article/Shoplifting-Mom-Paying-a-Huge-Price-2786445.php

http://www.mercurynews.com/ci_14096409

Sorry again. I think you need to consult a good criminal/immigration attorney.

[megwarr 1]

Thanks all-

That's pretty much along the lines of what I was thinking. I guess I'll look for an attorney this afternoon *sigh*

I realize that it is serious, but at the same time am grateful that it was a small $ value item (<$40). The most annoying part of this is that the security officer said that if the police didn't show up within 45 minutes, they would just let him go since it was a small $$ item. Of course the cops came at minute 42....grrrrr. I'm hopefully that an attorney can get it dismissed because even the security guard said that it was basically a waste of time to cite him for this....double grrrr.

Anyways, thanks for your help! I really hope that this can be resolved quickly as his conditional GC expires July 20. Sure makes me wish I sent in the paperwork sooner, ha!!

I'll come back and update once I know more, as I'm sure I am not the first (nor last) that will find themselves in this situation.

[aaron2020 11,651]

My brother was arrested for stealing a display bottle of perfume. With prior convictions, he was sentenced to 18 months in state prison.

The get tough on crime approach in the last 30 years have made minor crimes into major long sentences. Often criminal attorneys neglect to consider the immigration status of their clients. They focus on suspended sentences and reduced jail time, and neglect to consider immigration consequences.

Make sure the criminal attorney understands the immigration consequences.

Edited May 27, 2015 by aaron2020

[megwarr 1]

My brother was arrested for stealing a display bottle of perfume. With prior convictions, he was sentenced to 18 months in state prison.

The get tough on crime approach in the last 30 years have made minor crimes into major long sentences. Often criminal attorneys neglect to consider the immigration status of their clients. They focus on suspended sentences and reduced jail time, and neglect to consider immigration consequences.

Make sure the criminal attorney understands the immigration consequences.

Got it, thanks. With no prior history and this minor of a thing I doubt the punishment will be so severe. I have found someone who is well versed in immigration issues so I'll be fine, but I appreciate the concern.