shop lifting

discover

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I was caught shop lifting on 1st May and my court date is 19 th July 04. Can you please tell me what to do. Also my GC is in the proceess..
Please advice me what to do..
Thanks Much,
discover
 
shoplifting

i also need same help. My court date is July 9th. I'm on H1b visa and my project has ended and have started looking for new project. Please tell me whether i will be deported or what are the chances that I have to leave thsi country. The amount of shop lifting is just $17. Please advice me
 
Please share the advise you got from the lawyers

I sympathize with Sita......There are many who get carried away and unfortunately few get caught.



The case is clearly one of "CMIT"

1. Does not matter what the lawyer argues. INS is going to accept this as a case of CMIT. However, if this is the only crime in the records (FIRST and Last), you are eligible for what is known as "petty crime exception". I dont know if you need to put in any application ....(ask a lawyer)

2. Whether you have to inform INS......I dont know. (ask a lawyer). Since this happened, obviously after you filed ur I-485, u may be safe to sit tight...Dont knw.....

JoeF......why did you say, YES to this question. Please post if this is the advise the lawyers give...or u know anyone wha has been thro this?


3. As far as consequences of this:

It is difficult to know unless Sita talks to a lawyer and what the lawyer knows from his coleagues or forums about the way INS treats these cases nowadays. It was not considered serious in first offense cases. Nowadays, there is reason to believes that INS may adapt a harsh attitude.....Again lawyers may kknow this better.

4. IT WILL BE NICE IF PEOPLE WHO ARE AWARE OF THE PROBLEMS OF SHOPLIFTING FROM THEIR OWN/SOMEONE THEY KNOW' EXPERIENCES, POST THEM HERE FOR THE BENEFIT OF EVERYONE.

WE ALL GET CARRIED AWAY AND IT WILL BE NICE TO REMIND EVERYONE TO BE ON GUARD.

SITA. DONT LOOSE YOUR HEART.....THERE ARE ALWAYS WAYS TO GET OUT OF THIS MESS. BUT BE PREPARED TO SPEND.....$$$$$
 
Agree......BUT

.
[Not doing that would constitute "misrepresentation of a material fact", which, according to INA 212(a)(6)(C), makes a person inadmissible:
"(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible."


What if this incident happened after the I-485 was filed....Does she/he need to send fressh I-485 making the correction????
 
Don't do or say a darn thing!!!!!!!!!!!
I believe that if it is your first offence..and your shoplifting is a classified as a misdemeanor-$17...you have the right to say that.. you have not commited a crime.........if asked my an immigration officer...
It is considered not a crime when it is a first offence -misdemeanor..i wouldn't go out and commit another crime thought then.. that would be grounds for you to have to say to the immigration that you have commited a crime..
i know what i am talking about.....
someone i know had a simlar situation happen to him...he said nothing and things are fine.. ;)
i would like to say that immigration aside...your issue w/shoplifting needs to be addressed within yourself...It is not about the act-it is about what promted you to feel like you should and could do somthing like that..get help..if you don't realize the gravity of your situation immigration probem or not... you will still lose.....you still have a serious problem looming inside you..
There is not judgment from me when i tell you this..
you are not a bad person for doing what you did...and i am not here to be your judge...
It is by failing do we rise up to become the person we should be...living your life with intergrity is all what it is about!!!!!!!!!
 
i totally agree...
nothing more to say..
other than...what i said i said only from my own experience...
i would consult a lawyer..for more info :rolleyes:
 
unitednations i totally agree with you..don't trust joef...........he is talking out of his ass!
read his disclaimer...it is just that-he is not a lawyer........
my opinion go and listen to a real one. :rolleyes:
 
I never disagree with you Joe . . . BUT

You're wrong on this one Pal! CBP does check all (at least as far as I know, at least some) aliens, including green card holder, who are arriving from overseas. if they get a hit, the send the person to secondary inspection and if they believe a crime has been commited that may render the alien inadmissible (the law has changed over the last few years and now a green card holder who has commited a CIMT is an arriving alien and is therefor inadmissible) the alien is then issued an I94 that is valid for 90 days and told to get all of the records relting to the offenses nd report for deferred inspection. The last two deferred inspections that I went to were both taken into custody. Believe it or not, an arriving alien who is inadmissible due to a CIMT is MANDATORY DETENTION and is held in custody until an Immigration Judge makes a decision on the case. This can take many months. Booth clients were GC holders and had lived in the US for many years. I don't believe that GC holders who have been in the US for years and not sought citizenship are targeted any more than any other GC holder. ICE seems to want to remove or exclude aliens if possible.
 
Don't takee my disagreement with Joe as anything hostile (I'm sure Joe doesn't). He is right far more often then he is wrong (In fact, this is the first time I recall actually disagreeing with him). I'm not sure how they do it, but I cann state for a fact that they do, as my experience with 2 clients recently can attest. I had a hard time even getting into the deferred inspection with the clients since BCP maintains that there is no right to counsel.

As far as the initial question is concerned, one count of shoplifting of a small amount is not likely to cause a problem since it is probably subject to the minor crimes exception stated previously by Joe. However, this can vary from state to state and case to case so it is important to consider these issues prior to travel. Additionally, since most criminal attorneys are not knowledgeable regarding the immigration consequences of crimes, and this area of law changes frequently and is VERY complex, it is usually a good idea to retain an immigration attorney to work with the criminal attorney to structure a case to either 1) eliminate immigration consequences, 2) give an immigration attorney the best arguments available that the crime does not render the alien inadmissable or removable, or 3) advise the alien that if certain plea is accepted the alien will either be removable or deportable. Even some quasicriminal acts, such as violation of a domestic violence restraining order, can render aliens removable or excludable. Other acts do not even require a conviction (such as Drug Trafficking) as long as the service has "reason to believe" that the alien is a drug trafficker.

This is complicated and frequently changes (not the laws so much, but the Service's interpretation of the laws and regulations). i am fairly interested in this subject and I am in the process of writing an article that will probably be published by the end of the year.
 
JoeF said:
Of course not. I respect your knowledge.Now that's interesting, and, I think, quite worrying. The right to counsel is provided in the 6th amendment.

The argument that there is no right to counsel is somewhat technical and it is arguably unconstitutional as you pointed out. The first time, i had to deal with the Port Director and a supervising officer to get in. I still nearly got kiccked out because the interviewing officer started an argument with me as soon as I walked in the room and then claimed that I was causing a distrubance. I managed to stay but it took some doing.
 
I'm certain they do not fingerprint everyone entering the US. What apparently is happening though is that they run the name through a database that contains criminal records. If a hit occurs, the alien (whether a GC holder or not) is sent to secondary inspection to determine whether the alien is actually the person with the criminal record that came up. If they suspect the arriving alien has a criminal record, they will issue an I-94 that is good for 30 days and instruct the alien to get the arrest records and the disposition sheets for the crime and return to the POE for deferred inspection within 30 days. When the alien returns for deferred inspection, a decision is made whether the alien has committed a CIMT, or other act that will render the alien inadmissable and if so the alien may be detained as arriving aliens (including GC holders) who have committed a crime under INA Sec 212(A)(2) are subject to Mandatory Detention and will be held until an Immigration Judge decides their case.
 
Unitednations and Jim mills..
i totally not offended by any of your comments..and i enjoy reading both of your comments alot.......As for JoeF..I make not comment..
i choose not to be in any conversation w/him...
if you have read previous dialogs...he makes comments that he clearly has no right to make to me personally..
Making comment that i am a drunk...Excuse me for having the right to an opinion.....
Maybe he is the one who is drunk...this ends here...take it anyway you like joef.
From here on..what ever you say shows your lack of class...and there will be no response......
 
JoeF said:
Nice try to twist words, hoping that nobody looks up the actual posts... In fact, I was quite nice to you, hoping that you would learn, but alas...
With your fecal language and expletives you are the one who obviously has to apologize.

I was reviewing tape from the AILA convention in Philadelphia in June. Apparently, CBP reviews the passenger manifests of international flights as they re being compled. CBP gets a list a couple days before the flights and does checks on alien passengers. This greatly reduces the amount of work to be done since most tickets for international flights are purchased at least a few days in advance.
 
Mr Jim or anyone that can give advice

HI,

Mr Jim, I am any asylee in the US. I was convicted of shoplifiting in 2000 at that time i was on student visa I had to pay fines but did not serve any probation or jail time. My asylum just got approved in June and I had mentioned on my application about my conviction and during the interview the Asylum officer asked about the conviciton since there was a hit also on my fingerprints

My question is that I will be travelling outside the US. I was advised by my immigration lawyer to carry the arrest records with me while travelling. I m very concerened as what could happen to me. The immigration lawyer said thta since i was granted asylum recently with the fact that the immgiration knew about the conviction it should affect my returning back and if I m asked by the immigration I can show them my arrest records and all fines paid.

Please advise me. I have to see my son who is only 22 months and is with the father in home country. Since I cannot go back to the home country and my husband cannot come to the US until his Derivative asylum is approved. I will be travelling by a refugee travel document.

Please Help, anyone if wants to give advice. Please

Thanks
 
asyleeUS said:
HI,

Mr Jim, I am any asylee in the US. I was convicted of shoplifiting in 2000 at that time i was on student visa I had to pay fines but did not serve any probation or jail time. My asylum just got approved in June and I had mentioned on my application about my conviction and during the interview the Asylum officer asked about the conviciton since there was a hit also on my fingerprints

My question is that I will be travelling outside the US. I was advised by my immigration lawyer to carry the arrest records with me while travelling. I m very concerened as what could happen to me. The immigration lawyer said thta since i was granted asylum recently with the fact that the immgiration knew about the conviction it should affect my returning back and if I m asked by the immigration I can show them my arrest records and all fines paid.

Please advise me. I have to see my son who is only 22 months and is with the father in home country. Since I cannot go back to the home country and my husband cannot come to the US until his Derivative asylum is approved. I will be travelling by a refugee travel document.

Please Help, anyone if wants to give advice. Please

Thanks

As a GENERAL matter, one offense of shoplifting will not cause you to become inadmissable. However, that is a general statement and the exact charges and disposition must be considered. Under immigration law, theft offenses and fraud offenses are very different. Generally, shoplifting would be theft, not fraud. Also, most shoplifting charges have MAXIMUM sentences of less than one year but again, the exact charge and disposition needs to be reviewed.

Jim
 
I was charged for Petit Larceny was the case was null processed in court. This happended abt 8 yrs back. I still say yes for "arrest" on the visa form. When I traveled to home country, got the H1B visa but it took me abt 5 weeks for that. Now I need to visa again and am afraid to travel since they might take even more long or something. Visa read "Hit does not constitue CIMT". Revalidation US was rejected as they said I have to travel outside to get visa. What do u guys say? Should get the visa when I have to visit my home country right? Since I already got it once? Also, how does this affect the GC process? Am in first stage right now.
 
dcmetro22042 said:
I was charged for Petit Larceny was the case was null processed in court. This happended abt 8 yrs back. I still say yes for "arrest" on the visa form. When I traveled to home country, got the H1B visa but it took me abt 5 weeks for that. Now I need to visa again and am afraid to travel since they might take even more long or something. Visa read "Hit does not constitue CIMT". Revalidation US was rejected as they said I have to travel outside to get visa. What do u guys say? Should get the visa when I have to visit my home country right? Since I already got it once? Also, how does this affect the GC process? Am in first stage right now.

In most states (in fact, all that I know) a case that is Nolle Prossed is not considered a conviction. I'd need to look at the records and consider the state law to say for sure but it seems that the Service has reached the same conclusion.
 
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