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Thread: retail theft case, help

  1. #1
    Guest
    I was arrested recently. They charged me Retail Theft of total value $97 in Illinois. It's a class A misdemeanor in IL, the max jail sentence is under 1 year as listed in the criminal statutes of IL. and the max probation period could be 2 years. http://www.illinoisdefenselawyer.com/page-3.htm
    My current status is H-1B. The Labor Certification is in progress. The court date is coming.
    Would anybody tell me what the immigration consequences it could be for my case? Will INS deport me because of that? Will the INS deny my H-1B extension application? Will I definitely have to be interviewed in the local INS later? and Will INS deny my adjustment of status application?

    Thanks a lot,

  2. #2
    Guest
    I was arrested recently. They charged me Retail Theft of total value $97 in Illinois. It's a class A misdemeanor in IL, the max jail sentence is under 1 year as listed in the criminal statutes of IL. and the max probation period could be 2 years. http://www.illinoisdefenselawyer.com/page-3.htm
    My current status is H-1B. The Labor Certification is in progress. The court date is coming.
    Would anybody tell me what the immigration consequences it could be for my case? Will INS deport me because of that? Will the INS deny my H-1B extension application? Will I definitely have to be interviewed in the local INS later? and Will INS deny my adjustment of status application?

    Thanks a lot,

  3. #3
    Guest
    I don't know specifically for Illinois but here you can get a pretty good overview od shoplifting in general.

  4. #4

  5. #5
    Guest
    MISDEMEANOR THEFT WITH *ONE YEAR SUSPENDED SENTENCE* CONSTITUTED AGGRAVATED FELON Y United States v. Graham, 169 F.3d 787 (3d Cir.), cert. denied, 120 S.Ct. 116 (1999).

  6. #6
    Guest
    Dontcha think you should have thought about all that BEFORE you committed your theft!? Hell-O.

  7. #7
    Guest
    As far as deportation is concerned:

    Yes, * *, is right - in case a misdemeanor theft offense is punished by a certain State court by a jail sentence of 1-year (even suspended) it constitutes an "aggravated felony" for the purposes of INS, hence makes the alien deportable.

    On the other hand, theft qualifies most of the time as a "crime involving moral turpitude", hence one should check whether it makes deportable the alien under this ground. The law says that an alien is deportable for a single crime involving moral turpitude if the maximum penalty for the offense is 1-year or more in jail. By what you are saying, you are accused of a misdemeanor offense for which the maximum jail sentence is under 1 year, so the eventual conviction for this offense will not make you deportable under the "moral turpitude" grounds. If you will be convicted for another misdemeanor crime of moral turpitude in the future you would definitely be deportable under a separate clause providing for deportation of aliens who have been convicted of two crimes involving moral turpitude regardless of the maximum penalty jail sentence or the actual imprisonment term the alien has been ultimately sentenced to.


    As far as admissibility issues are concerned (your eligibility to apply for AOS): to be eligible for an (immigrant) visa you have to be admissible, which in your case, will mean whether an eventual conviction for this particular crime of moral turpitude renders you inadmissible or not. The law provides that if the maximum penalty under the State criminal law is no more than a year in jail and you were not sentenced to jail for more than six months (even if the imposition of the sentence is suspended) the bar to inadmissibility may not apply to you after all.

  8. #8
    Guest
    Another criminal immigrant your going to help stay in the country. It is disgusting!!You should be ashamed.

  9. #9
    Guest
    .

  10. #10
    Guest
    Law is Law is right.
    I don't live, or intend to live in the USA (very happy where I am now), but people who do, and knowingly commit an offense that they know can get them in troble with the INS, should think about consequences before, and not after the fact.

    My only reason for travel to the US is business or fun, and it would never cross my mind to go shoplifting. In my case, the consequences would be making my business life with the USA very difficult. Luckyly, I can afford to buy most stuff that tempts shoplifters, but even in my student days, when I couldn't afford them, I prefered to save and buy, over steal and risk.

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