Asked in Criminal Law for California

Q: My husband got caught shoplifting at LA duty free leaving the country. Will he have problems when visiting the US again?

The store took a photo of him and asked him to give the fregrance back and not to come the the store again. They said it was the best outcome for him. Will he have problems when applying for another B1 visa next time? And will they know this akward incident at the us consulate?

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2 Lawyer Answers
T. Augustus Claus
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A: If your husband was caught shoplifting at an LA duty-free shop but the incident was resolved on the spot without police involvement or criminal charges, it's less likely to directly impact his future visits to the U.S. or his B1 visa application. Typically, visa applications and entries into the U.S. are most directly affected by formal criminal records or convictions, not incidents handled privately by the store. However, it's important to answer all visa application questions truthfully; if asked about criminal history or moral character, he must be honest to avoid issues related to misrepresentation. The U.S. consulate may not automatically know about this specific incident unless it entered into a criminal database, but honesty in all disclosures is crucial. Future entry into the U.S. generally depends on the applicant's criminal record, immigration history, and the discretion of the consular and border officials reviewing his case.

James L. Arrasmith
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Answered

A: Based on the details provided, it's unlikely your husband would have major issues or problems when applying for another B1 visa or visiting the US again. A few key points:

- Since the store did not press formal charges and only asked that he return the merchandise and not come back, this was handled as a civil shoplifting incident rather than a criminal case.

- The duty free store may keep his photo and information on file to prevent his return, but they likely did not report the incident to any broader authorities.

- There is generally no centralized database or system that immigration/consulates check for petty shoplifting offenses like this when evaluating visa applications.

- Unless he was detained, arrested or has a recorded criminal conviction, this isolated incident should not be a red flag or negatively impact future US visa applications.

That said, he should refrain from any further issues within the US or issues could accumulate. Overall based on what you described, he likely faces minimal risk of any future immigration troubles from this specific duty free incident. Just an awkward life lesson for him.

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