Immigration Site

I have been an H1-B holder for the past four years. I have done a very stupid thing 3 years ago, which I will be ashamed of till the rest of my life. I fully understand how wrong it was and I live with the shame of it every single day. I would give anything to take back that moment of misjudgement, and am truly very sorry. Please dont judge me because of it, I could really use your support and advice. I will consult an immigration lawyer on this, but just wanted to get your advice and insight beforehand because I am just heartbroken over this incident.

I shoplifted merchandise at a department store 3 years ago. It is a misdemeanor and not a felony. I was arrested by the store security, fingerprinted by the police, appeared in front of a judge. Since it was my first and only offense, I was advised to plead guilty and enter the diversion program, which I completed and as a result the charges were dismissed. Since then I also had my record expunged. This is my only offense, I dont even so much as have a parking ticket to this day. I understand that regardless of the fact that it was dismissed and expunged, under immigration law, it will be considered as a conviction. I also understand that it is a very serious offense involving moral turpitude and is grounds for inadmissibility.

As I mentioned, I have been on H1B since 2006. This incident occured in 2007. Post this incident, I was able to get my H1B visa extended for another 3 years successfully. They did ask me about the incident at the embassy but they did issue my H1B extension for another 3 years without a problem. I was also able to re-enter the country numerous times without a problem after visiting my family abroad. Under the law of my state, I did confirm that this incident does fit into the petty offense exception.

Currently my US citizen fiance and I are planning to get married in October 2010. I am planning to apply for a green card through marriage and do adjustment of status from my H1B. I am just so scared as to how everything will go given this incident in 2007. As I mentioned, i will seek help from a qualified immigration attorney but would really appreciate your experience/advice/insight beforehand.

Here are my questions:
1. I havent told my fiance about this incident, it occurred before we met and I am genuinely so ashamed of myself that I couldnt bring myself to tell him when our relationship got serious. I know this sounds pathetic, but do I absolutely have to tell him or is there a minuscule chance that I can avoid telling him about it?
2. I will obviously discuss this with the lawyer, and disclose it on the forms. Will the immigration officer ask me about it during the interview with my future-husband? Any chances the discussion of this would take place without the presence of my future husband?
3. From an approval standpoint, how likely am I to get the green card approved given the circumstances?
4. I have my court papers of dismissal of the charges, successful completion of the diversion program and the expungement document. Is there anything else that will be helpful to present? Do I need to send these documents with the forms I will be filing or present them at the time of the interview?
5. Should I get an attorney that is different than the attorney that has been handling my H1B visa since 2006?

Thank you so much for reading about my situation, and I really hope I can get some advice/answers from you.

This is my only offense, .... No, you just didnt get caught when you shoplifted before. Surely you could afford to buy the thing, and shoplifting could get you deported or stop you from renewing your H1B, so you would not have taken the risk while on H1B unless you had done it before and gotten away with it.

2. I will obviously discuss this with the lawyer, and disclose it on the forms. Will the immigration officer ask me about it during the interview with my future-husband? Any chances the discussion of this would take place without the presence of my future husband? The interviewer will almost surely bring it up in the initial interview, when both of you are present.

3. From an approval standpoint, how likely am I to get the green card approved given the circumstances? Very good, if it is indeed seen as a "petty offense" for immigration purposes and they issued your latest H1B visa when knowing about it.

Needyourhelp,

I would be forthright and tell your intended spouse of what happened, because there is nothing like finding out that your wife, (at the time of the I-485 adjudication) has long nails and one-in-a-lifetime-experience of shoplifting. Being honest and forthright should be the foundation of all relationships, because the idea of your spouse finding out from a 3rd party would be devastating. Moreover, he might lose credibility and start to wonder what else you were/are hiding from him, for him to find out from another 3rd party somewhere in the future. Just let him know, he might be mad or disappointed in you, but I am sure he might be understanding and write if off as a one-time event, which I believe it was a one-time issue cause you have never been in trouble (from your posting) prior to this this or after it happened. If this is too much, try going George Costanza on him...best wishes.

Dr Phil...

Needyourhelp,

I would be forthright and tell your intended spouse of what happened, because there is nothing like finding out that your wife, (at the time of the I-485 adjudication) has long nails and one-in-a-lifetime-experience of shoplifting. Being honest and forthright should be the foundation of all relationships, because the idea of your spouse finding out from a 3rd party would be devastating. Moreover, he might lose credibility and start to wonder what else you were/are hiding from him, for him to find out from another 3rd party somewhere in the future. Just let him know, he might be mad or disappointed in you, but I am sure he might be understanding and write if off as a one-time event, which I believe it was a one-time issue cause you have never been in trouble (from your posting) prior to this this or after it happened. If this is too much, try going George Costanza on him...best wishes.

Dr Phil... I agree with Al Southner, tell him now so he wouldt be surprise on the day of the interview. You want to start on the right foot so even though it may be hard you got to tell him
Good Luck to you.