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Will Misdemeanor affect citizenship? Can immigration stop from enterin Criminal Law

Discussion in 'Immigration Issues' started by mineedhelp, Nov 5, 2014.

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  1. mineedhelp

    mineedhelp Law Topic Starter New Member

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    Hi, My wife was in a rush and she almost walked out of a store nd the doorman stopped and said she hasnt paid$60 for medicines and only paid the grocerybill. She tried to explain she was thinking of something and made honest mistake and planned to pay. However the doorman called the cops and she-who has never encountered anything like this in her life panicked and she didn't even call me. i could have come and done something. Anyway, the cops took her to the station and fingerprinted her and let her go and she attended court-again without telling me because she was embarrassed and she was advised by the public prosecutor to plead guilty and a small fine will be assessed which she did. She got a small fine and 6 months probation and was told this will be expunged from her records after 6 months..I wish she told me so i could have hired a lawyer to the court.
    Anyway she is a green card holder and I am a citizen. She was travelling abroad and when she landed in the US today, she was stopped by immigration and the officer after questioning her told her that he could really deport her back. This can happen until she gets a citizenship.
    I was checking online and there is discussion about the "Moral Turpitude" requirement for citizenship which I think this falls under. Will she be denied citizenship for something like a petty Larceny-misdemeanor? what can I do now. I know to talk to an immigrant attorney but I was hoping the learned members of this forum throw some light and let me know how much of a trouble we are in and what I can expect. Should i immediately apply for citizenship? Should I NOT travel anywhere outside the country with her anymore least they stop her and not let her in? She has another 5 years on her green card..if I dont apply to a citizenship I am afraid her green card will get rejected. Please help..
     
    Last edited by a moderator: Nov 6, 2014
  2. disagreeable

    disagreeable Well-Known Member

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    It is unlikely this can stop her citizenship, because it does not meet the one year threshold. It does lean toward the drug related offense threshold. I suggest you examine your wife's possessions for other things that may have appeared without a receipt.
     
  3. shrinkmaster

    shrinkmaster Well-Known Member

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    I am a retail theft consultant and answer questions like your daily. Yes this could impact her stay here. She needs to consult an Attorney familiar with both criminal and immigration law. Far as the mistake read this http://www.parentnook.com/accidental-shoplifting/ before using the mistake defense
     
  4. Betty3

    Betty3 Super Moderator

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    Stores have heard the "accidental" shoplifting defense many times. Agree that she definitely needs to talk to a criminal/immigration defense lawyer - he/she is the best one to help her & answer all questions.
     

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