Shoplifting, Larceny, Robbery, Theft Foreigner (mom) caught shoplifting in WA, leaving country next week

[jacksmith]

my mom was caught shoplifting in WA state yesterday. she is on a visitor visa to the US and was scheduled to leave the country next week. she was taken to the police station after she was questioned at the store. she had shoplifted items worth around $75. she had $200 in cash with her, so i don't know why she did this. she was caught on tape and they showed her the tape as well. she doesn't have any priors in this country or in her home country.

what are my alternatives since she is scheduled to leave the country next week? can i call the court on monday and expedite it somehow? pay a fine (i don't care how much it is) with the court clerk and clear it up? would i need to extend her ticket and wait for the court date - but her ticket and I90 (I94?) might expire before that. is it better for me to get an attorney and work through them? will she get jail time or be deported? i assume it wouldn't be good for her (and me) if she leaves the country until this is sorted out.

lastly, will this affect her visa and her ability to visit the US in the future? she currently has a 10 year multiple entry visitor visa.

thanks in advance. please do respond quickly - since i am very worried about this. thanks!

 

[NYClex]

this is tricky. Generally, criminal aliens are deportable and inadmissible in the future. But the law makes one exception: if the alien has only one conviction of such a crime like theft, and it was only punishable by up to 1 year in jail, not more, and the alien was only convicted to a maximum of 6 months, then the alien will not be deportable or inadmissible because of that.

Now, most probably her conduct will fit under a definition for a crime that fits these conditions. So she might plead guilty or have another disposition of the case and be convicted and probably be still admissible in the future.

But, there have been major problems in cases when those aliens left the country before the case was disposed of. What happens is that the court says, she has to be here to dispose of the case, and the immigration officers do not let the person in again because she has an open criminal case against her. This way the alien ends up in a catch 22.

So yes, you would want to try to get this court case somehow resolved before she leaves the country. You also definitely want her to leave in time. If the court is unwilling to accomodate you, you might want to consult an immigration attorney and see if he can convince the court.