You are here:



My brother was arrested in 1999 on the charges of shoplifting.  The court
document reads "dismissed after successful completion of: Guilty, Placed
under advisement for 1 year, Shoplifting - $250. fine   $50 court cost w/
$200 fine and 15 days jail suspended on condition pay within 2 weeks."  The
fines were paid so no jail time was served.  Subsequently, the court issued an
ORDER TO DISMISS AND ORDER TO SEAL (expunged).  He has since
received a nonimmigrant visa waiver and currently holds a B1/B2 visa.  Is he
eligible to apply for an immigrant visa based on marriage to a US citizen or is
he inadmissible based on the fact that the crime would fall under the
umbrella of "moral turpitude?"

    I do not have enough facts to give you an absolute answer but if he was convicted in juvenile court it should have no bearing on his adjustment of status.  Likewise if it was only a small theft with a punishment range of less than a year it would probably be fine and fit under the petty theft provision.
    Should you have anymore questions, you may contact me directly.

Mark Ashley

Immigration Issues

All Answers

Answers by Expert:

Ask Experts


Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

©2017 All rights reserved.