Immigration Site

Hello All,

I really need to understand the immigration process regarding my impending Green Card Interview and would appreciate any help...

I entered USA in 2004 on an F1 visa. All was well until March 2008, when I shoplifted at Macys and was arrested. I was bailed out for $500 and then given a court date. After appearing in court, I was asked to meet the prosecutor on May 1, 2008.
He gave me a diversion agreement. Some probation rules applied, and I was asked to complete 40 hours of community service, after which the case was closed.

In July 2009, I returned to my native country.

In 2010, I married the love of my life, who happens to be a US National. We met in college in 2005, and had been dating since.

My interview date is this month, and I have no idea what to expect. I will carry my court records with me (I have two-- a speeding ticket, and the theft crime).
I plan to come clean in front of the officer.

What else do I need to do? Do I need a waiver? All my forms have been cleared so far, and I have not been asked for any other information.

Please throw light on this issue so that I can be prepared.

Any help will go a long way in keeping my sanity.

Are you currently inside or outside the US? If inside, what type of visa did you use, and did you disclose the shoplifting when you applied for the visa? Or did you use the visa waiver program?

In some cases, shoplifting can result in a permanent ban from the US, depending on the specifics of the crime and the laws of the state where it occurred.

INA 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-


(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.



Shoplifting will usually meet the exception and traffic violations such as yours are not a factor. A waiver (form I-601) is also available but is unlikely to be required.

Are you currently inside or outside the US? If inside, what type of visa did you use, and did you disclose the shoplifting when you applied for the visa? Or did you use the visa waiver program?

In some cases, shoplifting can result in a permanent ban from the US, depending on the specifics of the crime and the laws of the state where it occurred. Dear Jackolantern,

I am currently outside of the US.
After the arrest, I continued being on an F1 visa. I was offered a pretrial diversion, and after completion, the case was dismissed. I traveled into the US while on probation (pretrial diversion) and also traveled outside without any problems.

Do I need a waiver?