PETTY THEFT AND GREEN CARDS

Pretty Clothes are a Big Temptation

September 1, 2011

 PETTY THEFT AND GREEN CARDS

by Danielle Nelisse, Senior Immigration Attorney

Sometimes the temptation to steal something from an American department store is overwhelming. It looks easy. It looks like no one is watching. The shopping selection is amazing compared to another country’s stores. The temptation can sweep a person away when they have gone without for so long, or don’t have a steady paycheck to buy nice things. Even when married to a U.S. citizen, it gets old having to ask a husband or wife to buy every little thing. A new dress makes all the difference.  What could it hurt?  

Here is Amelia’s story:

Hello Danielle!

This is Amelia Smith and my husband is Richard Smith. I am from Uzbekistan. Remember, we live in California and you helped us successfully in getting my green card this year in June? It is a conditional two year green card based on my marriage to Richard, who is a U.S. citizen.

On July 21th I made a terrible mistake and I am experiencing the worst time in my life. I am so embarrassed to say that I was accused of committing a misdemeanor California Penal Code 484(a) petty theft and today the Criminal Court Judge sentenced me to 12 months probation and a fine of $360. I also have to finish 30 hours of volunteer work. The Judge believed I was sincere when I said I was so sorry for what I did to American Society . . . I promised Richard I am never going to put my legal status at risk again… I learned my lesson!!! even though it was most shameful thing according to my own personal standards. I don’t know what I was thinking when I took those items from the department store. It was very humiliating to get caught.

I want to turn to you for legal advise since you know me and handled my green card case . . . I was told by my criminal defense attorney that I am not going to have trouble getting the 10 year green card but I may have to wait 2 additional years in order to apply for citizenship — are those things true?

Of course I must STAY OUT OF TROUBLE for a year so I can seal my record BUT Immigration and the American Government will always know what I did (I was booked and fingerprinted).

Dear Danielle, could you please let me know is anything I should be aware of? The information I got is correct? I’m just so worried even though today was a relief after all my tortured time waiting to see the Criminal Court Judge. Thank you, I will appreciate your response.

American Dept. Store

Amelia should have contacted her immigration attorney before pleading guilty to anything, to learn the answers to her legal status questions. Often, criminal defense attorneys are not aware of the negative consequences that can happen to a green card holder (or the law has changed since they last checked), so it is best to talk to your immigration attorney before going before the Criminal Court Judge. There are many immigration attorneys who specialize in helping green card holders who have been accused of a crime.

In Amelia’s case, was stealing the new pretty dress worth it?  No.  She spent money for the criminal defense attorney and for an immigration attorney.  She had to pay court fines.  She did damage to her relationship with her new husband, who began to doubt his trust in her with regard to all money matters.  However, eventually he started to understand how hard it is to adjust to a new country, a new culture, and the pressure that put on her  - and to forgive her.

Many other countries do not punish people for stealing – if they are caught they are just asked to return the item and the whole incident is forgotten.  In the U.S., however, it is common for the store security guard or the store manager to call the police when they catch someone stealing. For people not used to seeing open displays of merchandise, the urge to pick up a few items may be very tempting.  But they must control the urge to commit this minor crime becaues the cost can become very expensive if they have to pay for a criminal defense attorney, an immigration attorney, and possibly lose their job.

Shoplifting (often called petty theft) is considered a misdeanor if the value of the merchandise is less than a certain amount, usually $300 or $500. When applying for citizenship it is necessary to show that a person has been a person of “good moral character” for the past 5 years (3 years for persons married to a U.S. citizen).  A single arrest for one petty theft is excused under the “petty theft exception” so long as the person is not still on probation at the time of the citizenship interview.

Did Amelia keep her green card? Yes. Was she granted her U.S. citizenship? Yes. Her case became more legally complicated, but due to the “petty theft exception,“ she kept her green card and will obtain U.S. citizenship!

QUESTIONS?  email danielle@immigrationworkvisa.com or call (619) 235-8811.