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charged of shoplifting after green card application has been submitted

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  • charged of shoplifting after green card application has been submitted

    Hello everyone,
    I have as they say dug my own grave and need some advice.
    Hello my name is Mita and I got married about 3 months back. My husband is a natural US citizen. We submitted paperwork for my permanent residency in indianapolis about 2 and a half months back. Unfortunately I was caught on the charges of shoplifting about a month back . It was classified under Misdmeanor , class A. I have been offered court supervision of 1 year plus court costs . but as my lawyer explained , to immigration offcials , that is same as conviction. he also said that if the possible sentence was 1 year or less , then chances were better that my greencard application would not be rejected . but he is concerned about the clause of moral turpitude. Please help. We went to court today and asked for an extension regarding this. Thank you very much for your help.
    What are my chances? I have no one in india.
    All ties were severed gradually after the death of my parents in childhood. More damage was done whne I married my American husband whome I met in school here.

  • #2
    Why do you do this ? Get away from those desi stuff now...anyway I feel sorry for you...somebody might help you here...I really dont have clue to ur question...but Sammy, Mohan, Lord, Lawgal and other experts might help you here...Wish you all the best...Pasha

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    • #3
      like you said it is horrible . well no amount of explanations on my part will ever satisfy me. you see i was working an internship in a good firm. they lost a couple of laptops and i was a new new comer and foreigner at that. at my interview they said that they had fired a foreigner before. officials asked me question out of all the new employees excpet for maybe a few other who were actually seen there. i was no where near so when that was easily proved by my supervisor on my 2 nd day at the job .. they said sorry etc and everything was good. i was disrturbed greatly due to this discrimination and some other that i have faced. well the day in walmart , this particular one i had been to once before, when i was cminig out they separated me out of a whole bunch of us near the door and checked my stuff against everything else. well again whatever the cause the fault is mine .. well this time when i was there i just lost it when i saw that an employee was following me around...and i picked up spme shabby after shave gel tubes .. 2 of them little ones amounting to maybe 10 dollars at the most ...
      i was not getting back at anybody but myself. .. i am very stupid and i am ashamed beyond description...
      later i found out that in that particular area theft rate is very high due to illegal mexicans and hence they keep a close watch.
      well i dont know what to do . my lawyer is very kind . he is trying hard to get the case dismissed on the grounds of immigration ... but it is not working so far.
      what should I do ? I have noone but my husband. Please let me know any relevant information.
      thank you.

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      • #4
        when they caught me they gave me my receipt and asked me to verify if all the items that the attendant had placed in the bag were there were or not. i was stupid enough to volunteer and point out that one of the items that i had purchased , she did not charge me for. they put that under the stuff [ shave gel tubes 2]
        i had in the ppurse . hence the amount of 42 something instead of 11 dollars. my lawyers says that the amount makes no difference. i feel like a fool. i let my anger getthe better of me. i hurt myself and my husband in the process. well now i am forever marred ... i just hope that the punishment of such a stupid decision will not ruin my life. please send me any relevant information. my lawyer wants to talk to the immigration officials but i can find no number for that purpose.thank you all for your tolerance and help.

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        • #5
          Hi Mita,
          Don't worry...where there is a will, there is a way... I feel sorry for you. You are already feeling bad about what you did...but dont do it again...I hope somebody out here helps you...Good luck...Pasha

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          • #6
            Hello Pasha ,
            no I am a computer science intern. My husband though is **** his Phd in CADD. computer aided drug design.
            yes , not only am i ashamed but i am so sorry that it is affecting my husband who has never done anything but good for me.

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            • #7
              Sammy, Mohan, Lawgal, Lord, anybody...help this girl out...Thanks...Pasha

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              • #8
                Thank you Pasha.

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                • #9
                  Mita: a single theft is usually not a moral turpide issue, unless of course - as unfortunatly in your case - it involves more than 180 days... if your state's statute has this law that any theft is to be punished with a minimum of 1 yr. prob, you may still be able to convince the criminal judge to reduce your sentencing to at least say 364 or so.... it's still going to be tough, but as long as it isn't 365, it's not a deportable conviction! It will remain a "good moral character" issue for at least 5 yrs., but it will not be a deportable thing...


                  Depending on your previous status, your initial entry into the states (where you brought in as a minor? are you an asylee? what's your current status? how long have you been residing in the U.S.? are you eligable for chancelation of removal if you were put into such? etc. etc.). It is very complex and at this stage (the criminal proceedings) you need a good defense attorney who will work out a deal of 179 days or less as a first time offender. Any sentencing beyond that should be immediatly appealed! Get a good attorney!

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                  • #10
                    Hello Kudris,
                    Thank you for your attention. I came here on a tourist visa initially and changed on to an F1 and was on F1 until I applied for AOS. Now i am what is called pending status and will remain such until my immigration is resolved.

                    We were not aware of the 180 day deal you are talking about most accurately . I will contact my lawyer about it soon.

                    i will then tell you exactly what he said . i might have confused it by a day or 2.
                    if you are talking about the deal the state attorney has proposed ; it is just a year of court supervision and court fees. thereis absolutely no jail sentence. the possible jail sentence though for this misdemeanor- class A , is upto a year not more. but i can get clearer on this aspect. ill let you know.
                    by the way i was not brought in as a minor.

                    i really appreciate your candor. i myself am remorseful for my hot headedness.

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                    • #11
                      MITA, do not plead GUILTY or NOLO CONTENDERE, i.e. stick to NOT GUILTY plea. Were you arrested and fingerprinted by the police? As a first time offender, you may qualify for a PRE-TRIAL DIVERSION/INTERVENTION program depending on availability in Indiana, check with your criminal attorney. If plea bargain becomes unavoidable, then your attorney should try to negotiate for a sentence that is less than 365 days (as Kudris mentioned). Consult with both immigration and criminal attorney and make sure you understand the strategic consequences. Best of luck.

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                      • #12
                        Thank you Dane.
                        As i mentioned earlier the sentence or the lack of it , that was proposed by the state attorney to us is court supervision ie. no sentence at all. In nature it is not even a conviction. however INS regards it as conviction. but in all technicality , it is not.
                        I am sorry but I cannot plead innocent as it is not.

                        I really hope things work out.
                        thank you again for the information . i was wondering if you or anyone else can provide me with examples with similar cases. or if there is someone else who is experienced in this field and is available for conversation.

                        thanks again , everybody.

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                        • #13
                          i have a question ?
                          if some one plead gulty to feleny in 1993
                          got probation 5 years and then a DISCHARGE under a state statue of first offenders.
                          INS started deportation under feleny charge in 2001 the person accuired LPR in 2000 (I.J) ordered deportation 2002 apealed to BIA appel dismissed how ever found person crediable for his clame for ( C A T ). now he has reopende the old feleny case to see if thay can dimissal under new trial. so person does not have a criminal conviction.the creminal court has accepted the motion for new trial today. could some one tell me as to what can heppen next? the person has been out on bond? will INS pick him again i wan to help him can some one advise me|? you can reach me @ kaba2@bellsouth.net
                          thanks

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                          • #14
                            Hi , i was wondering if anyone came up with any new information. i emailed couple of lawyers , still awaiting replies.
                            thank you.

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                            • #15
                              Dane's suggestion of "PRE-TRIAL DIVERSION/INTERVENTION program" would be your best bet at this stage, especially if the prosecutor is playing hard to get on any deals. A good criminal defense attorney can get you off the hook as a first time offender (if you're indeed are one)! Our criminal law states that guilt must be proven "beyond reasonable doubt". So, that would be your last resort, a probation is a conviction for immigration purposes, it won't make a difference if you sit 1 day in jail for it or none at all and for many multiple or deportable offenses how many days the punishment was don't matter at all. As long as there is any kind of punishment or "restriction on your liberty" imposed that exceeds 179 and 364 days respectively
                              ,in the latter, it satisfies even the fact that it's an aggravated felony for immigration purposes (= very bad!!).

                              Now since we jumped to the felony subject, KB4, your felony conviction sounds like a substance or trafficking and the only reason why they would grand you a re-opening would be another law that passed about a year or so ago that grands relief to offenders who qualify for the "federal first offender statute". So if you can show rehabilitation and get your sentence dramatically (!) reduced, you should be O.K., but I'm not sure; if you've gotten 5 yrs. probation the first time around, how much lower your next sentencing can be? was mentioned in the previous posts, ideally less than 179 days - in my opinion unlikely, unless you can get the charges completly dismissed!)

                              Remember, the U.S. is aware that crime is part of human behaviour and one-time, not-too-serious offenses will usually be forgiven, but they'll need a lot of resilience on your side. Good luck!

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