Asked in Criminal Law and Immigration Law for North Carolina

Q: Will my crime record affect getting a green card?

Hey! Im an European citizen, my fiancé is a marine and I’m 6 months pregnant. I got tickets to the USA in July to get married and start our family together and apply for green card and use parole in place to stay there.

I’ve committed a crime ( shoplifting) and I will have to pay a fine and they said it would appear on my criminal record. I really regret it but what’s done is done.

How to make sure I will still get the green card? Is it possible?

I can’t stay here and raise our child alone and our plan was for me to give birth in the USA. Can I get deported with a child?

Related Topics:
2 Lawyer Answers

Denise Anderson

Answered
  • Immigration Law Lawyer
  • Concord, NC
  • Licensed in North Carolina

A: Shoplifting is often termed as a petty offense. The fact that you committed a petty crime does not bar you from obtaining a green card; you may still be admissible to the United States. The decisive factor is whether you have committed shoplifting on more than one occasion, and whether you entered into a plea bargain for the shoplifting. You may likely qualify for the "petty offense exception". Qualification for such defense would prevent deportation. The above information is dependent on your current immigration status in the U.S.A.

Some aspects of immigration law can be difficult to navigate. It is very important that you seek the help of a qualified attorney to assist you with your case.

Kyndra Mulder

Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Assuming the conviction is for a misdemeanor shoplifting charge you will be eligible for a petty offense exception. However, even with the exception it can be determined that you lack the good moral character necessary to adjust. You may want to consider retaining an experienced attorney to assist you and your husband.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.