Criminal Law shoplifting but not charged,u.s immigration

[YAS24]

am a 26 years old who is in an extreme need for your advice.I got
married last summer while I was in States.My husband is American
citizen.I am in Canada as an international student.In a month I will
have my
k-3 visa interview.Unfortunately 4 months ago I made the worse mistake
in my entire life.I did shoplifting ($300)and I was caught.The store
security hold me until the police came.The officer asked my questions
and
he said that because I didn't have any previous record he wouldn't
charge me.He didn't give me any ticket.I wasn't fingerprinted.Only the
store gave me a paper.It was mentioned in that paper that I shouldn't
go to
any of their branches for two years.Now I want to know if immigration
can find about this incident one day.If they can deport me for that and
if I should say something about this incident at the time of the
interview.I have my police check and it is mention that I don't have
any
record.I ma depressed and I don't have normal living after that.Every
night
I
have nightmares about that incident.
Please please help me and give some advice.
thanks

 

[Duranie]

If you were not cited or charged, consider yourself VERY lucky. Don't do anything stupid like that again. It seems to me the merchant was very generous and did not press charges. I would not mention it, it appears you were given a big break.

 

[Husty]

You must be honest and admit to the commission of this offense if asked about arrests or convictions. You should never lie to the consular officer.
Shoplifting is a CIMT, and (most likely) could cause the denial of the visa. However you can apply for a waiver of inadmissibility.
Since you were not charged or convicted, you should check the shoplifting laws. If the maximum possible sentence for the offense is a year or less, you may be given a visa under the petty offense exception.
If you try to conceal the incident and the consular officer finds out you'll have to deal with possible misrepresentation and/or visa fraud charges. Visa fraud is not a misdemeanor, it's a felony under 18 U.S.C.
This is not legal advice, if you need legal help contact an attorney.

 

[fmcasado]

Excellent and Wise Response

Husty, that was a great reply! Yes, I would concur with your reply because we cannot hide anything from a US consulate officer. Lying would constitute a felony! Although it may seem harsh for you given the circumstances and the possibilities of losing your k3 visa, but it is better to tell the truth always!
Regard!

 

[golf131]

"Since you were not charged or convicted, you should check the shoplifting laws. If the maximum possible sentence for the offense is a year or less, you may be given a visa under the petty offense exception."

Husty,

Since she was not charged and therefore is not convicted of a crime at all, how would the petty offense exception apply? I thought the POE is only for people who have a conviction involving CIMT?

 

[Husty]

When it comes to admissibility, the "alien's own admission to the elements of a crime of moral turpitude" counts as a conviction. The OP mentioned the crime was committed but she wasn't charged. She could lie and probably get away with it, but that would be morally reprehensible. If she tells the truth and admits to committing a crime when asked "have you ever committed a crime for which you were not arrested?" then the petty offense exception would kick in if the statute allows it.
This is not legal advice, contact an attorney if you need legal help.

 

[golf131]

In other words, if she admits that she did shoplift, she is considered convicted automatically by the USCIS?

And also she will be without the benefits of the normal court procedure when it comes to being represented by a lawyer and the ability to plea bargain?

 

[greygoose]

how could they possibly find out about the incident if they didnt issue a ticket? she was only held by security until she could talk to a police officer, its not like she was actually arrested.

 

[Husty]

USCIS can't convict people, only a Court can do that. You're dealing with delicate issues and should contact an attorney if you need help and legal representation. My comments are just that, comments, not legal advice of any kind.