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Results 1 to 7 of 7

Thread: adjustment of status, expunged records

  1. #1
    I filed for residence under the 245 (I) amendment.
    My mother, a green card holder, petition for me under category 2B
    my I -130 petition has been approved and my priority date is February 25, 2001.
    In 1994 I was arrested for shoplifting , the value was $ 37.
    It was classified as a summary offense (where the offense is a first offense and the value of the merchandise is less than $150).
    I was let go right after the finger printing without a hearing.
    I participated in a diversion program and paid a $150 penalty fee.
    my case was dismissed and the records expunged , up to this date I have no criminal records in my file.

    I saved all the records of the shoplifting arrest as proof .
    I didn't remember my social security number at the time of the arrest so they wrote N.A. in the s.s.c. box.
    I showed them my credit card and library card as ID, which showed that my first name is Eddy but they wrote Edward instead.

    What would the consequences be for me if I file for adjustment of status?
    How about the fact that they wrote Edward instead of Eddy on the records?
    I normally have a strong positive attitude and I'm about to start an exporting business, now I'm a little scare about my future.

  2. #2
    I filed for residence under the 245 (I) amendment.
    My mother, a green card holder, petition for me under category 2B
    my I -130 petition has been approved and my priority date is February 25, 2001.
    In 1994 I was arrested for shoplifting , the value was $ 37.
    It was classified as a summary offense (where the offense is a first offense and the value of the merchandise is less than $150).
    I was let go right after the finger printing without a hearing.
    I participated in a diversion program and paid a $150 penalty fee.
    my case was dismissed and the records expunged , up to this date I have no criminal records in my file.

    I saved all the records of the shoplifting arrest as proof .
    I didn't remember my social security number at the time of the arrest so they wrote N.A. in the s.s.c. box.
    I showed them my credit card and library card as ID, which showed that my first name is Eddy but they wrote Edward instead.

    What would the consequences be for me if I file for adjustment of status?
    How about the fact that they wrote Edward instead of Eddy on the records?
    I normally have a strong positive attitude and I'm about to start an exporting business, now I'm a little scare about my future.

  3. #3
    When you immigrate to the USA you are fingerprinted. You were also fingerprinted the day of your arrest. Prior to granting any "Adjustment of Status" benefits an FBI background check is conducted. Therefore the USCIS will or (should) find out about your arrest. If you lie about it and get caught, that means big trouble.

    You may possibly be approved even with the shoplifting charge.

  4. #4
    Should have thought about it before shop lifting.
    ........................................................
    Michael (Power of ILW)
    Supreme Lord and Chief of ILW.com

  5. #5
    A shoplifting (CIMT) charge may come under the petty offense exemption. If that's the case here then you should be ok but you do need to disclose it to the USCIS, even an expunged record:

    "Among the various grounds of inadmissibility in Section 212, there are criminal grounds under 212(a)(2). One of these grounds is if the person is convicted of, or admits to having committed a "crime involving moral turpitude." The issue of what crimes involve moral turpitude is not always clear, and the definition of that term has evolved over the years through case law. However, it is established that theft offenses are often crimes of moral turpitude under the law. Therefore, committing even a minor theft can have serious consequences.

    The law provides a limited exception for very minor crimes, however, the availability of this exception depends upon the possible (not actual) maximum jail sentence allowed under state law for the crime, as well as the actual sentence the person receives. Therefore, it is erroneous to assume that if one avoids actual time in jail the crime is insignificant in immigration cases.

    The exception is sometimes termed the "petty offense exception." The criteria are that the maximum penalty under the particular criminal law is no more than a year in jail and the sentence actually imposed was not more than six months in jail. If one meets these criteria, the bar to inadmissibility may not apply after all. That is, the application would not be denied on criminal grounds. However, since the charge of petty theft includes, in many states, theft up to amounts of $500, or even greater, the maximum possible penalty can often exceed one year. This means that one who steals a pack of gum may be charged under the same provision of the criminal law as one who steals a much more valuable item. While it would be unlikely that such a person would not spend any substantial time in jail, if the jail time of over one year is possible under the provisions of the law for that offense, then the person could not use the petty offense exception"

    http://www.murthy.com/print/UDshoplg_P.html
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  6. #6
    Powell2171: So, let me see if I've gotten this correct - you are a guest in the United States, an illegal guest, and you have shown your disrespect for America by shoplifting...and now you want to be a permanent resident?

    What makes you think that the American people want you here?

  7. #7
    How Old Were You At Conviction Of Shop Lifting???? Mideaneanor Most Of The Time!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

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