Caught shoplifting - GC Renewal

[Rodrigosobral]

Hi, I have a Green card and it comes up for renewal in one year.

I made an honest mistake, for which I am terribly regretful. I left Sears wearing a watch and I was stopped by loss prevention. He brought me in and said as per store policy they have to prosecute.

Police was called. Because the amount was over $100 ( it was 109), I was taken by the police, fingerprinted, and I got a notice to appear in court. It took 30 minutes and I was able to go home.

I have NEVER had any encounter with the police. I don't even drink alcohol. I'm 28 years old. Clean record. And now I have this Petty Retail Theft (misdemeanor) charge.

When my GC comes up for renewal I have to say YES To "have you been arrested" and I will attach the court record, along with the results. I read I will meet with the judge and be honest. This being my first offense, I will beg for a diversion program and accept anything positive he judge can offer such as community service.

Later I will get the record expunged even though for immigration purposes, no record ever gets removed.

QUESTION, to all experts in the subject. Is this all correct?

Will this mistake cost me my life, my green card? Will it get denied even if I'm honest and let them know what happened and how I remedied it?

I am terribly regretful. I have NEVER taken anything that's not mine. I'm deeply depressed.

PLEASE HELP!!!

[deepsid]

Please contact an immigration lawyer to be on a really safe side. I am in the same situation too and dealing with this.
Please contact both immigration and criminal lawyer

[Rodrigosobral]

Please contact an immigration lawyer to be on a really safe side. I am in the same situation too and dealing with this.
Please contact both immigration and criminal lawyer

Does anyone else have an actual COMMENT other than a generic answer GO SEE A LAYWER? This is why I decided to post it here, so we could share thoughts and TALK ABOUT IT.

[rayb]

Is your GC expiration for a two-year card or 10-year card. There are differences in the forms and questions.

Both procedures (I-751 and I-90) require biometrics, so you can expect a law enforcement database name check to be conducted for either procedure.

The I-751 does ask about arrests; the I-90 does not does not ask arrest questions.

You don't need an attorney to tell you to obtain court disposition records of the offense, unless you have money to throw away. But if USCIS gives you a hard time, even after you provide court disposition evidence, then you should probably have an experienced immigration attorney accompany you to the interview.

--Ray B

Hi, I have a Green card and it comes up for renewal in one year.

I made an honest mistake, for which I am terribly regretful. I left Sears wearing a watch and I was stopped by loss prevention. He brought me in and said as per store policy they have to prosecute.

Police was called. Because the amount was over $100 ( it was 109), I was taken by the police, fingerprinted, and I got a notice to appear in court. It took 30 minutes and I was able to go home.

I have NEVER had any encounter with the police. I don't even drink alcohol. I'm 28 years old. Clean record. And now I have this Petty Retail Theft (misdemeanor) charge.

When my GC comes up for renewal I have to say YES To "have you been arrested" and I will attach the court record, along with the results. I read I will meet with the judge and be honest. This being my first offense, I will beg for a diversion program and accept anything positive he judge can offer such as community service.

Later I will get the record expunged even though for immigration purposes, no record ever gets removed.

QUESTION, to all experts in the subject. Is this all correct?

Will this mistake cost me my life, my green card? Will it get denied even if I'm honest and let them know what happened and how I remedied it?

I am terribly regretful. I have NEVER taken anything that's not mine. I'm deeply depressed.

PLEASE HELP!!!

[Rodrigosobral]

Is your GC expiration for a two-year card or 10-year card. There are differences in the forms and questions.

Both procedures (I-751 and I-90) require biometrics, so you can expect a law enforcement database name check to be conducted for either procedure.

The I-751 does ask about arrests; the I-90 does not does not ask arrest questions.

You don't need an attorney to tell you to obtain court disposition records of the offense, unless you have money to throw away. But if USCIS gives you a hard time, even after you provide court disposition evidence, then you should probably have an experienced immigration attorney accompany you to the interview.

--Ray B

That was a VERY GOOD follow up answer Ray. Thank you so much.

This is my I 751, which is when I renew it for the first time, after the second anniversary of my green card.
Based on everything I'm reading, the I 751 is 99.9% based on knowing whether your marriage is REAL and has still been REAL for all these years.

I know I cannot lie, especially since biometrics will be done, they will see it. If I omit, then it will be a problem.

But a misdemeanor for petty theft offense, first offense in my life, after it has been dismissed and I complete community service, all for a 100 dollar watch, that should be grounds to think I'm a horrible criminal and deny my renewal right?

That's all I am scared about. Do they deny renewing the green card (removing conditions to a 10 year green card) for petty reasons like this?

Am I going to be okay?

PLEASE HELP

[rayb]

I can't give you a direct answer to whether USCIS will deny the I-751 for the offense which you had.

But I can tell you the following:

1. Felony convictions can keep you from obtaining citizenship and can get you deported.
2. Misdemeanor offenses, especially with the disposition experience which you cite, though still considered "moral turpitude" issues, are eligible for waiver approvals when applying for visas, and even for citizenship.

My expectation would be that you need to include (with your I-751 submittal) a certified or notarized (by government office) record of the court disposition record, a notarized affidavit in your own words explaining your lapse of judgment and otherwise clean history, and wait for USCIS response.

If you get an additional "Request for Evidence" about this issue, come back and share with us, and we'll recommend your options.

--Ray B

That was a VERY GOOD follow up answer Ray. Thank you so much.

This is my I 751, which is when I renew it for the first time, after the second anniversary of my green card.
Based on everything I'm reading, the I 751 is 99.9% based on knowing whether your marriage is REAL and has still been REAL for all these years.

I know I cannot lie, especially since biometrics will be done, they will see it. If I omit, then it will be a problem.

But a misdemeanor for petty theft offense, first offense in my life, after it has been dismissed and I complete community service, all for a 100 dollar watch, that should be grounds to think I'm a horrible criminal and deny my renewal right?

That's all I am scared about. Do they deny renewing the green card (removing conditions to a 10 year green card) for petty reasons like this?

Am I going to be okay?

PLEASE HELP

[sotroubled]

Any update on this post?

[NileshJ]

Any update on this post? I am in similar situation (except I have visa not GC) where they accused me of shoplifting when i had walked to front entrance to read a ad sign. It is clearly visible in camera on what I was doing but they are saying since I stepped out so they will have to fill a case. I explained it was an innocent mistake and whole deal but as usual they are required to follow there process and pretty much ignored everything I was saying. Police was called and I was taken to jail. Now I am out on Bail. I am not sure what the outcome of the case will be since this recently happened and we are waiting on when the police will send the report to court.

How does this impact immigration?
Can we travel outside of the country and return while this case is pending?

Criminal Attorney has assured that since this is first offence (regardless of what happened), he will be able to assist us and attempt for positive outcome. But I am anxious and need some guidance.

[lovely39]

Hi Nilesh,
I am in the similar situation , was there any update..

Regards,
Shobhan banoth