llfenms

I was caught shoplifting (value under $200) from a dept store in the mall and am in the process of applying for a green card thru marriage.
I have just had my biometrics done and am waiting for work permit and interview.
The policeman said that i may get a court date but i may also just get a citation and have to pay a fine.

Please tell me

a. what the immigration might do?
b. what I can do?
c. I have read about a waiver. Is that possible in this case? If that is a second chance, I will definitely take that and NEVER do anything so stupid again.

Thanks.

TimNiceBut

Are you the sponsor or the person trying to immigrate?

fatbrit

Pay a lawyer, well two actually. One for your criminal defense, the other specialized in immigration matters to advise the first. Choose them both wisely.

TracyTN

His post stated that he is already here, awaiting the green card, has already had biometrics appt.

llfenms

sorry, my wife is American and I am emigrating here.

lansbury

Your first post makes it sound as if you are already in the US, if so follow fatbrits most sound and excellent advice.

If you are not yet in the US still follow fatbrits most sound and excellent advice.

If either case the sooner the better

llfenms

Yes I am in the US.

Do I need a defense lawyer? I am guilty, there isn`t a defense, I owned up to everything.

meauxna

You do not want to make a plea in court without knowing what the *immigration* consequences are.
An immigration lawyer may not know hohw to handle the court plea and a defense lawyer may not know the immigration consequences. You have two problems, so you need two types of specialist.

We're not kidding about this, no matter how small the incident seems to you (ie because it can be handled by paying a fee).

fatbrit

You need two lawyers: a criminal defense and an immigration one. Don't skimp if you care about remaining in the US.

Marocco

That's something you may regret; people don't need to tell the police anything when they are arrested. If theft is an "aggravated felony" for immigration purposes (it doesn't have to be an actual felony) then it result in your being deported.

I think you may well need a criminal defense lawyer to try and get the charge reduced or dismissed.

llfenms

The policeman did not actually ask me directly if I had taken the items, he only asked me why I did it, to which I never replied, except to mumble about being an idiot. He seemed genuinely concerned and repeated that this sort of thing can get me deported.

The security guys didn`t really ask either, they had it all on video.

fatbrit

The routine is name, rank and serial number -- and nothing else. Your defense lawyer may kiss you for it if you're not overly ugly.

Marocco

According to this website it seems that theft only constitutes an aggravated felony if the actual sentence imposed is at least one year, which is most unlikely in your situation. However, I would still see a criminal lawyer.

jeffreyhy

As a George Carlin fan I'm curious - what is it you think is stupid, the shoplifting or getting caught?

Regards, JEff

llfenms

Jeffery, I aint a saint. I nicked a few things back home on occasion, nothing major.
but sitting in the security room the other day, handcuffed waiting for the police, I thought I had blown my chance of a life here in America, I knew that it was plain stupid and I will try to never forget that feeling and now I have to explain to my new wife and upset her.


I read the legal stuff and it is amazing how people get off and dont get deported after 3 thefts, etc.

I thank my lucky stars for this warning and I will never do anything again.