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Immigration Issues/Shoplifting and port of entry


I am sorry if you are getting this question again. I have asked this question to you before but if you have answered it, I would request to answer it again since I had problems with my email and I never received  mails on it.

I have a sister who is recently got Belgium Citizenship through Naturalization. She had visited me last year. At that time she was not a Belgium citizen yet. She had visited me using her Indian passport. While she was here with me. She was arrested for Shoplifting( 2C 20-11BC2) Later her amended violation was 161-2 that is TWP ORD Dangerous or Annoying activity prohibited.

She would like to vist me again in a few weeks. Since she is no more Indian citizen and since she is Belgium Citizen, she does not need a visa to enter the US. She will be using a the waiver and hence she will be asked to fill the I-94W form.

My question:

What should be her answer to question 2 on the form?
Will she have any problem at the airport at all? If any then what are her options?

Form I-94W clearly states that if you answer "YES" to any of the question you need to see the US Embassy in your country.

Please advise

Thanks a lot in advance

Without reviewing the conviction and arrest record I can't say. Shoplifting is a crime involving moral turpitude (CIMT) but it is less clear regarding the actual conviction. A lot will depend on admissions that she may make and what the arrest record states.

I can't answer questions from non-clients regarding how to answer specific questions on specific forms. You probably know the correct answer though and when in doubt I tend to err on the side of providing information.  

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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