Criminal Record/ Visa Waiver Mistake

[samanthajayne226]

Hello Im very new here, and I really hope you can help me!
I have filled my I130, and im at the stage of filling out the support letter.
I would like some help on the following two issues.

1) I was denied entry on the VWP, basically I was honest and didnt know i needed a visa, to visit my husband. The officer told me it wont interfere with my application. However when i was interviewed I was asked if I had a criminal record. I said No. The reason I said no, was that I really didnt know I had one, untill i ordered the paperwork for I130.

I was cautioned at age 17 ( three years ago) for shop lifting.. nothing before or after. I know it is a crime of moral turpitude, and it shouldnt be a problem as i was underage. However its not been 5 years since the incident. Had it been over 5 years I wouldnt have a problem.

Also whenever I have travelled to USA ( 4 times) Ive filled out the boarding card, and always ticked no, when asked if i had a criminal record.
I read on Visa Journey, how a guy was denied because of this, however I was real young and made my first journey to USA at 16 alone, and was naive and didnt believe I had to tock yes.

If theres anyone who can Help I would appreciate it .

Love to you all x

[kkalan]

It depends where and how much was your shoplifting was for? I was cited for shop lifting for $3.99 in Texas. In texas if crime is Classs B or more they police have to report to Texas crime data. later I was arrested for misrepresentation FBI did my back ground check for pre sentence but that crime did not appear on my report anyway check your how much was your shplifting I believe most of the states if shop lifting is more then $25.00 it consider class B misdemenor and this also a petty offense not consider a cimt. Nyway you should put this on your application it wont hurt you.

[kitkat1]

Consult with a qualified attorney.

http://www.hilglaw.com/articles/articles35.htm
"Because shoplifting is a crime involving moral turpitude, it normally triggers the inadmissibility provision. However, if this is the applicant’s only offense anywhere including the United States and any other country, she might be eligible for the petty offense exception. To be eligible, she must meet the following requirements: the alien has committed only one crime of moral turpitude; the maximum penalty possible for the crime for which the alien was convicted did not exceed one year of imprisonment; and the alien was not sentenced to imprisonment for a term greater than six months, regardless of the extent to which the sentence was ultimately satisfied. If there are multiple convictions, inadmissibility will likely be triggered."