Legal Question in Criminal Law in Florida

Canadian citizen getting a misdemeanor while in the us on a student visa

hi

i recently was arrested for shoplifting and received a misdemeanor. I am a Canadian citizen in the US under a student visa. I am graduating in the spring and applying for my OPT. How will this affect my ability to work in the US as well as my record. Will i have a permanent criminal record and is this considered a big deterant for comapnies looking to hire?


Asked on 2/22/08, 8:16 pm

2 Answers from Attorneys

Robert M. Perez Law Office of Robert M. Perez, State and Federal Criminal Defense

Re: Canadian citizen getting a misdemeanor while in the us on a student visa

It could have a significant impact on not just your ability to work, but also to even remain in the US. It depends on the disposition of the case as far as having a permanent criminal record. Yes, it could be a deterant for perspective emplyers. I advise that you contact my office to discuss further. There is no charge for the first consultation.

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Answered on 2/23/08, 8:30 pm
Brent Rose The Orsini & Rose Law Firm

Re: Canadian citizen getting a misdemeanor while in the us on a student visa

You should look into having your criminal record sealed, which allows you to lawfully deny the event on job applications.

Also, you probably want to speak to an immigration attorney. I'm speaking out of turn here (since I'm a criminal attorney), but I've been told that shoplifting is a crime involving moral turpitude and can affect your visa status. Of course, I'm also told that INS is extremely lenient with Canadians. Still, as I said, don't listen to me, speak to an immigration attorney.

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Answered on 2/23/08, 1:33 pm


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