Denied entry. Shoplifting charge.

#1
My wife was recently denied entry into the US from Canada (attending a conference), due to a shoplifting charge dating back to when she was a teenager, about a decade ago. We were not given any formal documentation, but she was printed and photographed, so I am sure she cannot enter until we somehow receive a waiver.

Apparently, this was a single event but there were 3 charges because she had taken 3 clothing items at a shopping mall. She served community service.

As I understand, she was brought to Canada by herself when she graduated high school in the US and she had no money or property. Her family was Canadian, but remained in the US. She has since received two University degrees in Canada.

I would appreciate any ideas as to what documentation I should look for. As I understand, she cannot ever travel to the US under any circumstances ever again. As an American citizen, I cannot ever expect to accept a job in the US and live with my wife.
 
#3
I guess this is the case, but It just seems a bit extreme.

We've now filed for a pardon and I've learned she had taken two food items and a clothing item. She had been dropped off at the border in Canada when she turned 18 and had no food or extra clothing and did not know how to get help.

According to the agents, she cannot ever visit the US, due to her criminal background. We had to cancel her speaking engagement at a conference in Nevada and her volunteer work in South America after this incident (her trip required a stopover in the US).
 

König

Registered Users (C)
#4
DJCoder, your wife must file I-192 with the nearest CBP pre-clearance facility or the POE. It is very costly ($545) and may take several months to process. I do not know if filing this form will give her the right to enter the USA on all the following visits, but I really doubt it because the form asks about the particular dates of intended travel.

Also, I would suggest to use a pre-clearance facility to submit the form and ask all additional questions because CBP agents in Canada cannot do anything (i.e., arrest, detain, search or question) to her. Coming to the actual POE may result in additional hassles, and she will have to go through Canadian border control on the way back.
 

dafortycal

Registered Users (C)
#5
She does have a permanent bar, except she can apply for a 212(d)(3) Non-Immigrant Waiver, if you decide to return to the USA, she can get a 212(g) waiver to join you. The key thing to remember is, she screwed up and need permission to return. Now, there also might be a issue of her age at the time she committed her crimes, especially if she was under the age of 18. Don't confuse conviction date with the date (and age) at the time the offense happened.

The agents are correct, she can not even land (in a plane) in the US without permission.
 
#6
What was the outcome of your case? Did you file a waiver?

I'm in a similar situation as my wife has a shoplifting charge back in 2003. The immigration visa is pending but I'm afraid it will be denied at the Embassy.
Thanks.
 

SusieQQQ

Well-Known Member
#7
What was the outcome of your case? Did you file a waiver?

I'm in a similar situation as my wife has a shoplifting charge back in 2003. The immigration visa is pending but I'm afraid it will be denied at the Embassy.
Thanks.
Your situation is different as you are interviewing at an embassy. if it is denied based on that, the CO will inform you if there is a waiver available.
 
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