Legal Question in Criminal Law in Massachusetts

Last year my wife (55 Yrs) came to USA to visit our daughter and was caught (arrested) in an unfortunate incident of shop lifting (first time). This happened on 02/20/2010 at Natick, MA and amount of merchandise involved was $34. On 02/25/2010, she appeared in Natick District Court and was asked to do community service for 6 mos. Since she was leaving the next month, she was asked to pay $200 fine and her case dismissed. She returned back to India. Now, She wants to come back. (Visit visa is still valid). She needs to know (a) whether to say 'YES' to 'Have you been arrested.....' question on I-94? (b) what doc to carry? She only has detailed arrest report which states offense as Shoplifting by concealing mdse 266/30A/D (Misdemeanor). Please assist.


Asked on 10/01/10, 11:38 pm

1 Answer from Attorneys
Dianne Brooks The Mandel Law Firm

Not having seen your wife's official criminal record, it is difficult to say for sure. Shoplifting is considered to be a Crime of Moral Turpitude, and with two such convictions your wife would be inadmissible. In any case, your wife must answer all questions truthfully and bring both records of the arrest and disposition (the record of dismissal) with her at the port of entry.

You should probably consult with an immigration attorney who can investigate your wife's criminal background and who may also be able to assist you with a waiver if necessary.

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Answered on 10/07/10, 9:17 am


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