sandiegochick2008-01-17 20:40:11
Case:
I am a female and moved to the US from China on a H1B last year and never shopped in an upscale department store in a mall before. Only to Costco once, where I saw older ladies handing out samples of merchandise (food, etc).

So a few weeks ago I decided to venture out to a mall to do some clothes shopping. Went to Nordstrom, and bought a couple of shirts. When I was walking towards the exit, I saw some the cosmetic counters offer "sample testers" So I took one (thiniking it was free just like costco) and was immediately stopped at the exit by loss prevention staff.

I was escorted to a backroom and was told that i had stole something.The loss prevention people was rude (called me china chick, a thief) and searched me twice, and then directed me to sign some paper. Confused and freaked out, I signed the papers without reading them because i just wanted to go home and get it over with. Then they called police. I was taken to a local police station, finger printed and photographed and handcuffed, the cop handed me a paper that says "misdemeanor complaint" and told me to come to court on the date indicated on the paper.

I went to court with a lawyer and the judge agreed to dismiss the charge if i complete theft school. My lawyer tells me that I can get the arrest record expunged after a certain period of time and no record will be found at the court or state level, but the INS and FBI will always have this information on my arrest.

Questions:

1. I was not aware of the sample testers are not free. Am I innocent?
2. Am I going to be deported?
3. If I want to go to china to visit family, will I be able to get a visa and enter the US, if I indicate that I have been arrested? Should I say No to the arrest question?
4. Will I be able to apply for GC? I understand that this was framed as a retail theft case, and thus involves moral turpitude?


Please help!!!