Announcement

Collapse
No announcement yet.

shoplifting and I-485

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • shoplifting and I-485

    Help!

    I was caught shoplifting (stupid me!) for $11.71 in a MA store and will have to appear before a judge in July. How is this going to impact my GC application? Currently I'm on EAD and my I-485 RD is Sep 03, 2002. I have never been arrested before. The police told me that I would probably get a CWOF which I should not worry. I doubt it is that simple since INS is relatively strict in these matters.

    Here are the questions:

    1). What's the impact? Will my GC be denied because of this?

    2). Since my I-485 has been filed last Sep., should I tell INS this incident?

    3). How should I handle the judge? I already admitted to the
    store guard. Can I plead for diversion so that I don't get a
    record? According to MA law, CWOF is not a conviction but it
    is to INS. Should I tell the judge about the immigration
    consequence of this and plead for a disposition less serious
    such as community service/educational service? I'm pretty sure
    that I'll fined.

    4). Were I arrested? Was that a arrest record?

    I'm really worried now. I have two kids
    and a wife and now all these are at risk.

    Should I hire a lawyer to represent me in the court? Some people
    advised me not to plead guilty but I don't think that's a good idea,
    or is it? What should I do?

    Will appreciate any help?

    --StupidMe.

    Here is onelink that I found on a site:

    <http://boards.immigrationportal.com/...t=shoplifting>

  • #2
    Help!

    I was caught shoplifting (stupid me!) for $11.71 in a MA store and will have to appear before a judge in July. How is this going to impact my GC application? Currently I'm on EAD and my I-485 RD is Sep 03, 2002. I have never been arrested before. The police told me that I would probably get a CWOF which I should not worry. I doubt it is that simple since INS is relatively strict in these matters.

    Here are the questions:

    1). What's the impact? Will my GC be denied because of this?

    2). Since my I-485 has been filed last Sep., should I tell INS this incident?

    3). How should I handle the judge? I already admitted to the
    store guard. Can I plead for diversion so that I don't get a
    record? According to MA law, CWOF is not a conviction but it
    is to INS. Should I tell the judge about the immigration
    consequence of this and plead for a disposition less serious
    such as community service/educational service? I'm pretty sure
    that I'll fined.

    4). Were I arrested? Was that a arrest record?

    I'm really worried now. I have two kids
    and a wife and now all these are at risk.

    Should I hire a lawyer to represent me in the court? Some people
    advised me not to plead guilty but I don't think that's a good idea,
    or is it? What should I do?

    Will appreciate any help?

    --StupidMe.

    Here is onelink that I found on a site:

    &lt;http://boards.immigrationportal.com/...hoplifting&gt;

    Comment


    • #3
      you will be deported if you get or got convicted or admitted for this crime even though the jail term is less than a yr because shoplifting is a aggreviated crime and a deportable crime under immigration law. Having a EAD won't protect you from deportation because it is just a work permission which INS gives to people who application has not adjusted yet.

      Comment


      • #4
        xxx is wrong. Shoplifting is not a big deal.

        Comment


        • #5
          Firstly, you shouldn't report anything to INS yet. Since your case is still pending and no final disposition has occurred. If after you go in front of the judge and are convicted, then of course you will have to tell the INS about that when they ask you about it during the interview.

          Shoplifting offense that you are charged with is not an aggravated felony under immigration law. But, it is also not a small matter, so don't think that it is not a big deal.

          One of the grounds of inadmissibility is if the person is convicted of, or admits to having committed a "crime involving moral turpitude." Theft offenses are often crimes of moral turpitude under the law. Therefore, committing even a minor theft can have serious immigration consequences.

          All is not lost though, there is an exception for very minor crimes. But, this exception depends on the POSSIBLE maximum jail sentence allowed under state law for the crime, and also the actual sentence the person receives. Thus, it'd be a mistake to assume that if one doesn't get any jail time then the crime is insignificant for immigration purposes.

          The exception is called the "petty offense exception." If the maximum possible penalty under the particular state law is not more than a year and the actual sentence is not more than six months, then the crime would be considered petty and the bar to inadmissibility may not apply.

          In your case, if you can get a diversion or dismissal it is better since those are not convictions for immigration purposes. If not, you may want to reduce to damage as much as possible to qualify for the petty offense exception. Good Luck!

          Comment


          • #6
            You can always work on your pitching abilities, or some other sports related skill.

            It worked for Pedro Astacio of the Colorado Rockies when he beat his wife. The key is money Brother. Get a contract with some MLB team, and you'll be protected, above the law, and nobody will touch you.

            Comment


            • #7
              If you have sticky fingers, the interviewer and judge should be careful you dont shoplift them as well,and if you do so, thats your ticket home. How dumb are you? How can you come here then start stealing? At best, you should have first got your papers then allowed your fingers to run amok stealing any and all. You are the people who give immigrants a bad name; I wish you get deported!!!!!!!!!!!!! HOW COULD YOU DO THIS. ARE YOU CRAZY??????????????

              Comment


              • #8
                I happen to like it when my fingers get all sticky. Cleaning them up is the fun part though, I have to say. Nothing wrong with sticky fingers...mmmmmmmmm.....

                Comment


                • #9
                  I too was stupid enough to shoplift & hired a lawyer & went to court & signed up for a accerlated programme. I paid a fine to the store for the $10 produce I took & paid the court & lawyer fees. I am on probabation for 1yr & will appear in court & have all chages dropped & a clear record. Get yourself advice from a Lawyer the lawyer told me that the INS will not be informed of this 6th degree larceny charge. goodluck

                  Comment


                  • #10
                    Jesse has copied his response from some place else...

                    Comment

                    Working...
                    X