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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5200
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I'm 26 year old female on F1 - OPT visa. I got caught today

Customer Question

I'm 26 year old female on F1 - OPT visa. I got caught today by target in Boulder, CO for shoplifting worth $159.45. I hadn't really intended to shoplift that day but I did.
I admitted to theft and wrote an admission statement. Police was called and I was given a ticket for court date after a month. I'm extremely ashamed and I know I wouldn't repeat it again.
I want to understand on the process to get deferred prosecution so that my work visa filing won't be affected. Please help!
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 2 months ago.

Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

Expert:  Jen Marie, Esq. replied 2 months ago.

Try to get a criminal attorney and do not do this alone. You should try to get it reduced or dismissed, if possible. Having a withhold of adjudication is not enough. I cannot tell you exactly what can happen until you figure out how the case will be resolved. If it is resolved as a petty theft or dismissed, you should be fine so your visa will not be an issue.

Good luck to you and I hope this answer has helped you!

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Customer: replied 2 months ago.
I was not finger printed. A year ago I was bust talking on the phone and missed the payment at Target. Store officials had caught me, I paid the amount and was led off since I paid the amount and genuinely forgot. Will this situation be taken against me? Also, they asked me if I have done it before. Never at Target. However, once in King Soopers I did forget to pay for some veggies while I paid for other groceries. I had realized it once I came home. The store security asked me if I have ever done it. I said never at Target but one in King Soopers for some veggies.
Will this is counted against me in court? Should I hire a criminal lawyer to appeal a deferred prosecution?
I'm in desperate need of help. After deferred prosecution, will this record show in my background check? I'm seeking employment opportunities and don't want this to be an issue while background check and work visa filing.
Expert:  Jen Marie, Esq. replied 2 months ago.

Yes you should definitely hire a criminal attorney to assist with this. Anything related to the law will show up in a background check and you will have to admit it to immigration.

The other time in Target, if you were not arrested or referred to court then that does not count. You don't have to mention that one.

I hope this helps and hope you can kindly leave a good rating.