Will Shoplifting Charges Impact Getting a Green Card Through Marriage?

Perhaps. All crimes involving moral turpitude are inadmissible offenses under INA section 212(a)(2)(A)(i)(I). However, there is a petty offense exception if the maximum POTENTIAL penalty for the offense does not exceed imprisonment for one year and any actual sentence received does not exceed imprisonment for 180 days (even if that sentence was suspended). Based on your fact pattern, it appears that the offense might meet the petty offense exception which would mean that you would be admissible. If you have more than one criminal incident in your past, you will not qualify for the petty offense exception. It only applies to a single criminal incident. If it does not meet the petty offense exception, you can still seek admission based on the marriage but you will need a waiver of the crime under INA section 212(h). To avoid Deportation Colorado and obtain such a waiver you must demonstrate that it would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent or child if you do not receive the waiver.

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