Announcement

Collapse
No announcement yet.

Legal Advise Please!

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

  • Legal Advise Please!

    I am currently an LPR getting ready to apply for my naturalization in about a month or so. I obtained my permanent residency through my citizen father; that petition was filed in 1996 and I obtained my permanent residency in 1998. However, in between, I was given a citation for theft by shoplifting in 1997. No arrest though. I was placed on probation and ordered by court to make restitution; then within six months time, I was discharged as I finished payments. Since the paperwork was already filed with INS prior to this, I did not make any disclosure. I however did consult my attorney and I was prepared to tell the truth during my greencard interview. The immigration officer however did not ask me any question regarding this matter. So I got my greencard without any trouble.
    Now that I am about to complete N-400, I am going to answer related questions truthfully and to the best of my knowledge. My concern is if this blast from the past can be construed as CIMT? If so, what is the worst that can happen? Deportation proceedings? Troublewise what is the least I can expect? Denial of citizenship and wait another 5 years? I am currently a PhD student and this has been my only brush wih law ever. I am active in my community through volunteer services and while I do not consider myself a perfect person, I do my best to be a responsible and law-abiding member of the society. Please provide useful feedback regarding this potentially complicated matter. Thank you all.

  • #2
    I am currently an LPR getting ready to apply for my naturalization in about a month or so. I obtained my permanent residency through my citizen father; that petition was filed in 1996 and I obtained my permanent residency in 1998. However, in between, I was given a citation for theft by shoplifting in 1997. No arrest though. I was placed on probation and ordered by court to make restitution; then within six months time, I was discharged as I finished payments. Since the paperwork was already filed with INS prior to this, I did not make any disclosure. I however did consult my attorney and I was prepared to tell the truth during my greencard interview. The immigration officer however did not ask me any question regarding this matter. So I got my greencard without any trouble.
    Now that I am about to complete N-400, I am going to answer related questions truthfully and to the best of my knowledge. My concern is if this blast from the past can be construed as CIMT? If so, what is the worst that can happen? Deportation proceedings? Troublewise what is the least I can expect? Denial of citizenship and wait another 5 years? I am currently a PhD student and this has been my only brush wih law ever. I am active in my community through volunteer services and while I do not consider myself a perfect person, I do my best to be a responsible and law-abiding member of the society. Please provide useful feedback regarding this potentially complicated matter. Thank you all.

    Comment


    • #3
      (1)Were you arrested or fingerprinted for this crime? I don't think so , otherwise INS would have known about it through a rap sheet from FBI during criminal background check.
      (2)Were you convicted for this crime?
      (3)What was the monetary damage ($ amount) to the victim because of your this act?
      (4)When did you restitution finish or over?
      (5)Do you have now the complete documentation on desposition of this case from court and from DA's office on the completion of that restitution?

      Comment


      • #4
        If you were not arrested then you would have not been fingerprinted at time also. In N-400 they ask you, if you ever been arrested. If you were not arrested then you must mention 'No'. For your safe guard, you should get a Certificate of Disposition from the Court and keep it with you.
        If you were not arrested then you do not have to worry about anything.
        Good luck.

        Comment


        • #5
          X and Umesh, thank you kindly for your prompt response!
          X, to answer your questions:
          (1) Accurate deduction on your part; I was neither arrested nor fingerprinted.
          (2)(3)(4)
          I pleaded guilty to misdemeanor charges and agreed to restitution/fine in the amount of exactly $300 as I was placed on probation for 12 months suspended upon payment; payment started February 1998 and ended in July 1998. That implies conviction I presume.
          The monetary damage i.e. the dollar value of the goods was $250.
          The incident happened in December 1997. I became LPR in October 1998, and I am about to apply for naturalization in July 2003 at the earliest.

          Do you maintain your initial opinion? If not, how do you differ?

          Comment


          • #6
            Hi Noah,

            I think most likely your crime was a petty offence (from what we know here), and if that is the case, I would think you should be OK, but you may want to talk to the lawyer.

            If you are concerned about being deported, you may want to read some of the cases from the BIA (Board of Immigration Appeals) ~ these are the cases that interpret the law, and there are quite a few dealing with crime and deportability (well most of them really).

            It all boils down to 'moral turpitude', and less with conviction or arrest (the most recent case shows that). It also has to do with the number of years you have resided in the US.

            Like I said, I haven't seen any cases where they kick LPRs out for petty theft, but you should review it for yourself ~ here is the link:
            http://www.usdoj.gov/eoir/efoia/bia/biaindx.htm

            Good luck!

            Comment


            • #7
              You should be okay, why-
              (1) 5 yrs is alrady passed by or will be passed by when you will be interviewed on naturalization application in order you to establish 'good moral character' which is a prime requirement for naturalization, and the statutory periord is 5yrs only from the time your case is over, so you would be okay.
              (2) Even though you were not arrested or fingerprinted, but you did admit of committing this crime which makes you ineligible for naturalization and enough reason for BCIS to put you on removal proceedings, but your crime falls under patty offence since the amount of the damage is not that much, but you must need to discuss your situation with very experinced attorney because SHOPLIFTING is a crime of moral turpitude and is considered as a deportable crime thesedays under immigration law.

              Comment

              Sorry, you are not authorized to view this page

              Home Page

              Immigration Daily

              Archives

              Processing times

              Immigration forms

              Discussion board

              Resources

              Blogs

              Twitter feed

              Immigrant Nation

              Attorney2Attorney

              CLE Workshops

              Immigration books

              Advertise on ILW

              EB-5

              移民日报

              About ILW.COM

              Connect to us

              Questions/Comments

              SUBSCRIBE

              Immigration Daily



              Working...
              X