1 blemish on her past record

[JustAGuy 0]

In february my fiance and I are going to be getting married and by june we are planning on starting the immigration process. The problem is that when my fiance was young she was with a group of friends over here in chicago and she got in trouble for shoplifting she was young and did something stupid and now is very embarrased about it. My question is how badly will this affect our ability to get through this process. That is the only bad thing on her record anywhere including her country and in britian where she lived for awhile. I am really hoping that one offence years ago will not impede us much in this endeavor. Does anybody know how badly this may affect things.

Edited January 10, 2007 by Joseph Gill

[misa 2]

How young was she? If she was under 18 then it won't show up in her police check.

[JustAGuy 0]

She was 20 at the time and it will show up. Somebody said it may be possible to come over and have it expunged from her record. She has been in the US on serveral occasions after that on tourist visas and has never had any problems getting visas to visit here or anywhere else for that matter.

Edited January 10, 2007 by Joseph Gill

[garyandkris 0]

You may want to post this question in the waiver forum. There's some debate as to whether or not shoplifting is considered a crime of 'moral turpitude' (CIMT). Was she convicted or cautioned? If she received a conviction, you may have to file a waiver, I-601, if they do consider it a CIMT. However, I read in the wavers forum that someone who was convicted of shoplifting was not required to file a waver. I suppose the best thing is to be prepared and know that you might have to file a waiver.

My husband was convicted of and received a small fine for kicking over a traffic bollard when he was 19, over 25 years ago. I am hoping that, as this is his only conviction, he won't need a waiver, but we are preparing one just in case. It seems insane, but, then, what is sane about this whole process?

[JustAGuy 0]

Thanks I am sorry I posted this in the wrong forum I am new to this and don't know what goes where I just see one big headache heading our way. I am very happy that she is worth it though.

[payxibka 10,044]

She was 20 at the time and it will show up. Somebody said it may be possible to come over and have it expunged from her record. She has been in the US on serveral occasions after that on tourist visas and has never had any problems getting visas to visit here or anywhere else for that matter.

One would think that if it was going to be a problem that she would never have received any subsequent visas to the US. Since you indicate she has then........

[garyandkris 0]

Thanks I am sorry I posted this in the wrong forum I am new to this and don't know what goes where I just see one big headache heading our way. I am very happy that she is worth it though.

This isn't the wrong forum, but I thought that the waiver forum might have more and better information for you.

All the headaches and hassle will be worth it in the end.

[brnidokiegurl 0]

Watch requirements for expungements it had to be either a defered sentence of less than one year or dismissed at least in Okla and that will just be a pled not guilty case dismissed code u would need a lawyer to get the total exp. Any guilt at all even a small fine wont qualify and show as a conviction

[JustAGuy 0]

ok I have more information she was taken into a mall room with the police not fingerprinted not even taken to a police station. She had to wait about half an hour for a few of her friends to come and pay 150 at the mall itself. She can't remember if she had to sign anything but she never had to talk to a magistrate or a judge. From what she says the whole process took about 30 minutes and after they were done the said not to come by the mall again for awhile. Is there anyway we can do a thorough enough background check ourselves to find out if it is there.

[brnidokiegurl 0]

In Okla anyway where i work all records are fingerprint based, if no prints no arrest record. Go to you local state bureau of investigation and ask for them to do a record check, here if no record no charge, also check the local court clerk/arresting agency, but like you said there was no arrest, but in turn they should be able to tell you no record found to satisfy your worry