Moral turpitude and I-751

Thread view:

Enable EMail Alerts

Start New Thread

Thread rating:

GoodGirl_J - 29 Aug 2006 22:24 GMT

Well, we all know that I'm an idiot...I got caught shoplifting in a
store...I have no idea what I was thinking. I've never done anything
like that before and this was the worst time to do that. I was NOT
thinking!!! It happened right at the time when we were filing for
removal of my conditional status (I-751). So on the form for USCIS I
checked YES to being cited. The amount of the goods was $24, the store
got their item back and fined me $250, which was separate from the
shoplifting charge by the city.

Since shoplifting falls under the crime of moral turpitude, I'm risking
not getting 10-year GC and being taken away from my husband and deported
from the US.

Our lawyer tried to talk with the municipal DA's office to get the
charge changed to e.g. trespassing, which would not trigger the moral
turpitude issue for USCIS, and yet I would get punished equally. No
luck. So I go into trial in October. After that, my destiny is
uncertain.

Has anyone of you experienced something similar? Can I really get
separated from my husband for $24 dollars? My husband is a great guy
and it hurts me that I disappointed him this way. Not to mention that we
are spending all of our savings for house downpayment on our lawyers.
I'm such a moron, yet, my hubby is willing to move out of the States if
I end up being deported.

Ahhhhh, I'm scared to death, but I guess as long as I still have the
love of the man that I married, I'm be fine.

Thanks for letting me vent here.

GGJ

Reply to this Message

ian-mstm - 30 Aug 2006 00:07 GMT

> Well, we all know that I'm an idiot...I got caught shoplifting in a
> store...I have no idea what I was thinking. I've never done anything
[quoted text clipped - 28 lines]
>
> GGJ

Don't be silly... the $24 is not the reason.

If you don't apply, you'll never know... and this fear will hang over
your head for the rest of your life. The "what ifs" and ensuing
uncertainty will haunt you. You've admitted your mistake, you've made
restitution as best you can, and now it's time to move on. It's sweet of
your husband to want to follow you should things take a turn for the
worse, but I honestly don't think it's going to come to that.

Ian

Reply to this Message

Folinskyinla - 30 Aug 2006 01:12 GMT

> Well, we all know that I'm an idiot...I got caught shoplifting in a
> store...I have no idea what I was thinking. I've never done anything
[quoted text clipped - 28 lines]
>
> GGJ

Hi:

Talk to an experienced immigration attorney. From your description of
what is involved -- you are probably fine. But without knowing all the
facts and location and being retained, I would not venture a definitive
opinion. The consulation is well worth it. Like I said, you are
probably fine -- just don't do it again and your naturalization will now
be delayed.

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

Reply to this Message

curiousmelon - 30 Aug 2006 06:46 GMT

> Well, we all know that I'm an idiot...I got caught shoplifting in a
> store...I have no idea what I was thinking. I've never done anything
[quoted text clipped - 28 lines]
>
> GGJ

Hi GoodGirl,

Can't you ask your lawyer to try to get you into pre-trial diversion
program, and then get your case dismissed and charges dropped. And that
way you won't have any conviction.
Also, never plea guilty, talk to your lawyer about that too (BTW, in
order to be eligible for pre-trial diversion program, you dont need to
plea "guilty" or "no contest"). Many states have those pre-trial
diversion programs, and hopefully CO has them too (again talk to your
lawyer or local Public Defender office lawyers)
good luck:)

Reply to this Message

curiousmelon - 30 Aug 2006 06:55 GMT

> Well, we all know that I'm an idiot...I got caught shoplifting in a
> store...I have no idea what I was thinking. I've never done anything
[quoted text clipped - 28 lines]
>
> GGJ

here is some info:
http://www.legalmatch.com/law-library/article/pretrial-diversion-
programs.html

Reply to this Message

GoodGirl_J - 30 Aug 2006 20:20 GMT

> here is some info:
> http://www.legalmatch.com/law-library/article/pretrial-diversion-
> programs.html

Thanks guys for the encouragement and information.
Yes, I have both criminal and immigration lawyers working on this case,
so I'm hoping they know what they are doing.

My criminal lawyer had 2 pre-trial conferenced with the city prosecutor,
where he was trying to change the charge into something that would not
trigger the "moral turpitude" thing for USCIS. The city prosecutor was
willing to listen (my immigration attorney was present as well), but had
to check with the main DA boss to see if they could do that. On the next
pre-trial we learned that the boss was against the option, saying that
they don't have a policy that would allow that, and we should speak with
the Sears prosecutors (that's the store where the whole thing happened)
to see if they can get me a deal.

Anyway, I'll keep you posted. Thanks again for everything. I'll check
with my lawyer regarding the pretrial diversion.

Reply to this Message

ian-mstm - 30 Aug 2006 23:41 GMT

> Thanks guys for the encouragement and information.
> Yes, I have both criminal and immigration lawyers working on this
[quoted text clipped - 12 lines]
> Anyway, I'll keep you posted. Thanks again for everything. I'll check
> with my lawyer regarding the pretrial diversion.

Personally, I agree with the guy. One should not be able to alter a
conviction for the sake of some immigration benefit. It's not fair to
those who are not able to alter a conviction for, say, the benefit of
getting a better job. I'll point out that "punishment" is not the
issue here... it's the renaming of the crime for the sake of a
benefit. Just MHO.

Ian

Reply to this Message

Immigration Forum / USA Marriage Base / August 2006

Moral turpitude and I-751