Criminal Law shoplifting

[velasgus]

HI everyone just found this forum, and I am so afraid now after reading the posts here at the forum.

well I'm a US resident (green card holder), more than a year ago my fiancée came to visit, and we did the most stupid thing of our life's.

we were caught shoplifting at walmart, less than $100 Sus each, just stupid things you know.

well we were arrested, it was too late so we didn't make bail, the next morning we both pleaded nolo contendere, we didn't pay a fine and they let us go.

since my fiancé's visa was going to expire she left the country on time, but has applied for another tourist visa since then but the application was denied. they mentioned the incident at the time of the denial. She has to wait a year before she can apply for another one. The year will be up on February.

I will be eligible to apply for my citizenship next year and I was going to apply for a fiancé's visa for her to come, afterwords.

We are both doctors in our country, I have already taken and passed the first step of the boards here and we are currently studying to take the second step together next year. She would be taking this step in our country, I'm taking it here.

1.- where do we stand??
2.- what is the next best step now??
3.- should she apply for another tourist visa once the year has passed, what can we do to improve her chances of getting a tourist visa.????
4.- she has also applied for the visa lottery, and we are waiting for that too??? will this be feasible with the record that we have??
5.- should I apply for my citizenship as planned or should I wait for some time?? 3 years?? after the incident. it's been more than a year and a half already. Or how long should I wait??
6.- would the fact that we are both doctors improve our chances of decreasing the consequences of our actions??? I mean for immigration.
7.- I read somewhere of a dismissal after a certain time of a no lo contendere plea, is that possible in our case????
8.- what does the nolo contendere plea mean in our case????
9.- should I keep trying to stay in this country or should I just forget about it and try a different one????
10.- do you know if this conviction would affect my chances of going to Canada if we decide to do that as a secondary option, if things are just too difficult here??? because I know that the tests that we are taking are valid here and Canada???

we know that what we did was wrong but we never thought that the consequences would be as severe, guys I'm very concerned after reading some of the posts here at the forum please help us!!!!!

on top of everything we are both studying right know so we are not working, and we don't have to much cash, that was one of the reasons for the stupid mistake to begin with......please help us.

appreciated

 

[Michael Wechsler]

I'm very sorry to hear about your problem. I also don't know the options in your case but it sounds like you've educated yourself on this matter. Walmart, Target, K-Mart, Sams Club, Costco -- all of these discount retailers take petty theft and shoplifting very seriously. They have to in their business and it happens all the time.

I'm not an immigration lawyer and hope to have one here shortly but I can tell you that this is a crime that could possibly affect a decision of citizenship. It involves "moral turpitude" or questions of the fitness of character.

There are exceptions such as the "petty offense exception" which is dependent upon the law of the state. This would mean that the charge of the crime cannot exceed one year in jail and sentence received may not exceed 6 months. Check the statute. There is no question that you would want to somehow have this crime be removed from your record and the ability to complete a probationary period and having the charges dropped would be a great option, if available.

My understanding is that the 5 year period for inspecting a person applying for naturalization still stands and it is possible in some instances for the INS to probe further although that might be when there are issues arising within those 5 years that would justify further inquiry. Best of luck to you both.

HI everyone just found this forum, and I am so afraid now after reading the posts here at the forum.

well I'm a US resident (green card holder), more than a year ago my fiancée came to visit, and we did the most stupid thing of our life's.

we were caught shoplifting at walmart, less than $100 Sus each, just stupid things you know.

well we were arrested, it was too late so we didn't make bail, the next morning we both pleaded nolo contendere, we didn't pay a fine and they let us go.

since my fiancé's visa was going to expire she left the country on time, but has applied for another tourist visa since then but the application was denied. they mentioned the incident at the time of the denial. She has to wait a year before she can apply for another one. The year will be up on February.

I will be eligible to apply for my citizenship next year and I was going to apply for a fiancé's visa for her to come, afterwords.

We are both doctors in our country, I have already taken and passed the first step of the boards here and we are currently studying to take the second step together next year. She would be taking this step in our country, I'm taking it here.

1.- where do we stand??
2.- what is the next best step now??
3.- should she apply for another tourist visa once the year has passed, what can we do to improve her chances of getting a tourist visa.????
4.- she has also applied for the visa lottery, and we are waiting for that too??? will this be feasible with the record that we have??
5.- should I apply for my citizenship as planned or should I wait for some time?? 3 years?? after the incident. it's been more than a year and a half already. Or how long should I wait??
6.- would the fact that we are both doctors improve our chances of decreasing the consequences of our actions??? I mean for immigration.
7.- I read somewhere of a dismissal after a certain time of a no lo contendere plea, is that possible in our case????
8.- what does the nolo contendere plea mean in our case????
9.- should I keep trying to stay in this country or should I just forget about it and try a different one????
10.- do you know if this conviction would affect my chances of going to Canada if we decide to do that as a secondary option, if things are just too difficult here??? because I know that the tests that we are taking are valid here and Canada???

we know that what we did was wrong but we never thought that the consequences would be as severe, guys I'm very concerned after reading some of the posts here at the forum please help us!!!!!

on top of everything we are both studying right know so we are not working, and we don't have to much cash, that was one of the reasons for the stupid mistake to begin with......please help us.

appreciated