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    i was caught shoplifting in canadian tire in canada...recently..i was very cold i took a cap and a glove...worth 20$..and was caught..the thing is that i am here as a student that is on a student visa..and that i was in a group...and the people in my group also stole items worth 20$ each....there were 3 of us in the group...we were all caught together..and the guy called the police..and said that we were a gang and all..i have a case against me...i have to go back..to my country...because my dad is not well...can somebody please please tell me what will happen??....can my student visa get cancelled...and can i be deported or ordered never to come back to canada...for good???...my parents have applied for the immigration of canada..and it has got accepeted...does my crime in any case effet their status..and will they also be stopped from eneteruing canada because of me??..pleaseee somebody helpp me...i have never done these things before..and i have no previous criminal record.....

  • #2
    i was caught shoplifting in canadian tire in canada...recently..i was very cold i took a cap and a glove...worth 20$..and was caught..the thing is that i am here as a student that is on a student visa..and that i was in a group...and the people in my group also stole items worth 20$ each....there were 3 of us in the group...we were all caught together..and the guy called the police..and said that we were a gang and all..i have a case against me...i have to go back..to my country...because my dad is not well...can somebody please please tell me what will happen??....can my student visa get cancelled...and can i be deported or ordered never to come back to canada...for good???...my parents have applied for the immigration of canada..and it has got accepeted...does my crime in any case effet their status..and will they also be stopped from eneteruing canada because of me??..pleaseee somebody helpp me...i have never done these things before..and i have no previous criminal record.....

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    • #3
      what *could* happen is this. You leave and you're not able to return, they issue a bench warrant and you're double messed up. You're facing a CIMT, nothing to mess around with, check with your lawyer and find good legal advice on your next course of action. If you plead guilty just to get it over with, you can be guilty as well of obstruction, if you don't believe you commited the crime. An "alford" plea is no defense in immigration courts. If you don't plea and you leave, they will see your charges when you try to re-enter, and they KNOW it is a CIMT. They can deny admission if you simply confess... and then if you're not found guilty in a court of law, you can be charged with lying to the friendly immigration official, or worse. Again, talk to a lawyer ASAP.

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      • #4
        I wonder...have you ever thought of consequences before shoplifting????
        Looks like all worries and panic come after doing the deeds.

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        • #5
          Shoplifting seems to be a real problem with would-be immigrants. I've seen several posts on this and other boards about this.

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          • #6
            shoplifting is a BIG problem, however, I'd like to know the state and statute that covers your offense. Whithout more info, it's hard to tell, because "the statute is controlling... not the name of the offense or violation".

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            • #7
              well i have been told to attend the municipal court of montreal canada...i dont really kno..its not this i am worried about..but i have to go back..my dad is really unwell...and he really wants to see me...and if anything happens to him during this period of time...i would regret it so much..i just want to kno hopefully he gets well...and if i want to come back..here..to attend the court sessions..and my court date is not until the feb of next year...so will canada let me enter without any problem...this is what is eating me upp...i kno i have no excuse as to what i did..but is there a way to get out of this..i have also hiered a lawyer..she says that she cant say anything without seeing the evidence they have...i have also recieved a letter from the store to pay 325$ as part of the damages..but i dont have that kind of money...here...please help

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              • #8
                the money they have asked me to pay is within 5 days..and this does not exclude any kind of penal action or criminal action which may be related to this case please helppp!!!..i have lost a lot of money here..hiring lawyers..and alllnad my family is puting all its efforts in curing my dad..please suggest me on that..should i pay??..or should i wait till the court orders me to...???

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                • #9
                  You shouldn't enter a guilty plea or an alford plea. That would be lying, and in court proceedings that can result in criminal charges and then some.
                  I would think you got an F1 status, your I-94 should read "for duration of status", meaning "for as long as you remain a student". If this is correct, they are not considering this a re-admission unless there's a status violation or in this case a conviction for a CIMT entered at the time of such admission.(Toro-Romero v. Ashcroft)
                  You *should* be fine but if you have doubts, consult with an immigration attorney.

                  Your parents should be ok, no reason to think otherwise unless they were involved with the crime.

                  I'm not a lawyer, yet, so if you have doubts consult a qualified attorney.

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                  • #10
                    Also, see if you can fix things up with the place you took from, this would avoid a formal conviction. Best of luck.

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                    • #11
                      thanx for all the help houston..but i just wanted to ask dat..i have not exploited my student status..i have a valid visa for, until 2008...so i need to go back n come back here to end my case here...can there be a problem while re entering??..i see wat you ell about my parents...this is my biggest problem..and how can i fix things upp with the store concerned here.. can u give me some ideas...im very troubled..can i also go back to my country get some kind of theraoy reciepts in which the doctor clearly states that i have recieved some kind of therapy..regarding this..i dont have a problem ..but i was highly depressed because of my dad..and the fact that i lost 7000$ in a program which i dint even like...please suggest something...even if i have a vlaid passport and visa would can they not let me enter canada for this reason??..

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                      • #12
                        There's several issues you should consider with care before making any decision. When it comes to immigration law, a conviction is what matters. A conviction should be formal and final and it's defined as "any formal finding of guilt by a judge or tribunal", but if you admit to the offense as defined of to the elements of the statute that describes the offense, then it's the same for inadmissibility purposes. There's other technicalities to consider here but not worth mentioning. (an Alford plea, plea of guilty or nolo is the same as a finding of "guilty" in immigration courts).

                        Your offense, sadly, involves moral turpitude and creates an obstacle for admissibility. You could argue the "petty crime exception" based on sentencing and statutory guidelines but DA's can always bring more charges and new indictments based on the rules of discovery, so it's not yet a final, disposed matter.

                        Fist off, if you can agree with the store manager on some restitution without admitting to any guilt, without any court proceedings so they can drop your charges, you should be fine. There's no finding of guilt or admission of guilt before an official. This would work real well.

                        In any case, it's better to be safe than sorry. You do not have a conviction at present time and you know well in advance when your next court hearing will be. You also don't run the risk of being denied entry on visa abuse (a big problem nowadays) and don't run the risk of being looked at as having "immigrant intent".

                        So you should be OK.

                        But again, if you have serious doubts, consult with an attorney.

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                        • #13
                          hi houston thanx again..bbut can u tell me as to how should i proceed with a restitution with the store..should i write them a letter..actually i am leaving on the 2nd of jan...i dont have much time before i can do anything..can i still negotiate with store once i am in my country...how should i go forward with it??...please what u have told me ...has really instilled me with some kind of confidence..but about the restitution i dont really kno anything..please help me with this!!!..thoughi have hiered a lawyer..and she told me that she can represent me for the first few court sessions..hope my dad gets out of danger...by then...please help me..if u have any kind ofd sugesstions regarding this pleasee let me knoww

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                          • #14
                            I would go on some **** argument with the store manager and offer restitution on the spot. This would be a nice action on your part showing clear intent to clear things up avoiding the cost of a trial, and saving you, the store and the taxpayers the expense and trouble of Court proceedings. Note that you should obtain some sort of compromise, in writing if possible, from the store stating that you're clear of any wrongdoing after paying the restitution, and this was all a big "misunderstanding".
                            This would be the best case scenario for you. If you admit to your guilt in some "letter" like you mention, it still would not be a "legal" document but it would bear some weight.

                            Again, try to clear things up and if you go to court, best of luck to you.

                            One more time, and I cannot stress this enough, if you have doubts consult with an attorney, I'm not an attorney yet but I do this to help other people navigate this sometimes obscure world and I offer my humble opinion as a reference point and nothing else.

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                            • #15
                              I mean "verbal" argument... Not my fault some people have turned the word "o-r-a-l" into an obscenity.

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