If one is convicted of a crime of moral turpitude committed within five years of admission to the United States, s/he could face removal even if the crime was shoplifting or “petty theft.” Such a charge renders an individual removable if the maximum possible sentence is one year or longer. but have somehow been charged or cited with shoplifting. It is quite common for shop owners to even post notices in their windows or dressing rooms: “Shoplifters will be Prosecuted.” These warnings should be taken seriously. Do not worry about any documents the store- whether In order to establish that one qualifies for the exception, one must provide the actual state criminal statute clearly outlining the nature of the offense and the penalty at the time the offense was committed. © Copyrights FUESSEL LAW 2018. please update to most recent version. Pretrial diversion is often the best option because if the agreement is A petty offense is defined as a crime meeting two very specific conditions. One who steals a pack of gum may be charged under the same provision of the criminal law as one who steals a television. We represent dozens of clients on an As explained, a person who is applying for a visa or for admission to the United States or filing the I-539 or I-485 form may be able to avoid severe consequences if all the requirements are met for the petty offense exception. within 2 weeks of your arrest. During your naturalization interview, a USCIS officer will ask you questions about your application and background. Cloudflare Ray ID: 5e2ff5ad38acd13f For certain, more serious crimes the USCIS may even look back beyond than that 3-year or 5-year period and some may prevent naturalization all together, even if they occurred long ago, such as having been convicted of murder at any time. Under state laws, shoplifting generally is considered a misdemeanor (often called petty theft) if the value of the merchandise is less than a specified amount. I did a very stupid thing by shoplifting at a mall in Texas basis and will always advocate and negotiate for the least problematic However, since the charge of petty theft is fairly broad, in many states, the maximum possible penalty can often exceed one year. It is possible to be put into removal proceedings for a conviction that happened even years earlier. I had only 1 incident (in 2002) where i was charged with shoplifting (PC 484-488). Nothing on this site should be taken as legal advice for any individual case or situation. This exception only applies to a single charge against an individual. So they are afraid to apply for citizenship even though they … an arrest when you renew or apply through USCIS. So I filed my application in July end 2008, I got the fingerprint in Sep 2008 end and I had my interview today (Jan 16 2009). If those documents are unclear, it may be necessary to provide a letter from a criminal law attorney to explain the document to the USCIS or the consular officer. See below to learn more about the test … So they are afraid to apply for citizenship even though they might otherwise qualify. Yesterday I have received a letter from USCIS indicating that FBI background check using my finger print has revealed that I have an arrest record. There is a common misconception of many Green Card holders as to whether they are eligible for naturalization if they had been arrested for shoplifting (“retail theft”) at some time in the past. A foreign national with an aggravated felony conviction is removable and is barred from most forms of immigration benefits and relief. The criminal background checks conducted by USCIS include all arrests, even if there was no conviction or the record was eventually sealed. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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