Legal Question in Criminal Law in Virginia

Will Shoplifting an immigration problem?

My wife is on H4 Visa ( dependent of mine , I am on H1 work permit VISA). My wife committed shoplifting crime, will there be any problem in immigration process. My Green card is in progress right now. She has been charged with felony 5 and misdemander case. The Criminal lawyer says they can get rid of Felony charges however if we can be ready to pleade guilty for the misdemander case. So, will it be a problem in her immigration process? Please advise.

Thanks,


Asked on 8/19/04, 11:29 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Will Shoplifting an immigration problem?

If your wife enters a plea to a Class 1 misdemeanor(petty larceny)charge, in Virginia this offense carries a maximum penalty of up to a year in jail and/or a fine of $2500. Larceny is also considered by the immigration folks to be a so-called crime involving moral turpitude and, therefore, based upon the foregoing, it's my understanding that by entering such a plea your wife could possibly be subjected to either exclusionary(if she were to leave the U.S and attempt to return)or removal(deportation)proceedings.

Needless to say, your wife would be well advised to discuss this matter further with the lawyer

who is currently representing her in the criminal matter and you may wish to view the website of the (Bureau of Customs and Immigration Enforcement (BCIE)under the U.S. Department of Homeland Security's website for further information.

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Answered on 8/19/04, 11:57 am


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