Petty Theft - No Guilty Charges Dismissed and Citizenship

INA 212(a)(2) uses the definition of conviction from INA 101(A)(48). Not every conviction causes inadmissibility.

Correct, but if we are already assuming the OP has not been convicted according to immigration laws, how does inadmissibility even come into play?
 
Correct, but if we are already assuming the OP has not been convicted according to immigration laws, how does inadmissibility even come into play?
Under your interpretation of Section 101(a)(48)(A) it could be a conviction. So, what I am saying now is if we are assuming OP has been convicted.
 
Under your interpretation of Section 101(a)(48)(A) it could be a conviction. So, what I am saying now is if we are assuming OP has been convicted.

Under my interpretation it could be considered a conviction if the OP had pleaded guilty or if the court found some evidence of guilt based on the facts. Since the OP pleaded not guilty and the courts didn't find guilt, inadmissibility isn't an issue here.
What I was saying earlier is that if the OP had pleaded guilty or if guilt was found in the courts by the facts presented, (even if final judgment is not guilty) then it could be considered a conviction under immigration law.
 
Under my interpretation it could be considered a conviction if the OP had pleaded guilty or if the court found some evidence of guilt based on the facts. Since the OP pleaded not guilty and the courts didn't find guilt, inadmissibility isn't an issue here.
What I was saying earlier is that if the OP had pleaded guilty or if guilt was found in the courts by the facts presented, (even if final judgment is not guilty) then it could be considered a conviction under immigration law.
We have not found out what exactly is meant by
An admission from the alien of sufficient facts to warrant a finding of guilt; and
Pleading not guilty could be still combined with admitting those sufficient facts. If they are sufficient to USCIS (not to court), that could be the case.
 
Pleading not guilty could be still combined with admitting those sufficient facts. If they are sufficient to USCIS (not to court), that could be the case.

That's if you take Jackolantern's view, which I'm not.
My argument is that since no guilt was found by the court in the OP's case(and no guilt was admitted by OP) , inadmissibility is not an issue.
 
That's if you take Jackolantern's view, which I'm not.
I am not sure. I could not find the definition of that clause. So, I am trying to analyze what if scenarios for the worst possible interpretation. Even though it looks still OK for me.
 
The op Admitted he stole, then he admitted "we" him and his attorney pleaded not guilty of petty theft. He constantly alludes to the fact that it was petty theft and he did steal.
 
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I don't understand the need of some on this board to bash others. Anonymity real does bring out the worst in some.
 
I don't understand the need of some on this board to bash others. Anonymity real does bring out the worst in some.

Bob, I am not bashing anyone. I am rehashing what OP mentioned. That he stole, that he was charged with petty theft and then it "seems" to me that he agrees that it was petty theft but "we" ie. him and his attorney pleaded not guilty to the charge of petty theft.
If you disagree with what the poster said and meant, please explain why along with the reasoning.
 
The OP consulted a lawyer and pleaded not guilty according to legal laws. This thread is a legal discussion of the interpretation of conviction according to immigration laws. Try to keep it at that instead of passing moral judgment against the OP.
 
Bob, I don't want to play games.
Let us be straightforward and stay on facts.
I will repeat again what the OP said.
And there is no moral judgment here.
Question is did he steal - he says yes.
Question is was it petty theft - he says yes
Then he consulted with attorney and op says "we" pleaded not guilty to charge of petty theft.
Everything is repeated as is in his original post.
Where is the moral judgement?
 
Hello Everyone,

I jsut wanted to thank you all for your comments and replies to my case. I would just like to give you a quick update. I had my interview this morning and I am approved for citizenship!! =)
The interview actually went very smoothly...all the interviewer asked was if i had my court copy and i showed her. I also told her that i pleaded not guilty and the charges were dismissed. That was it. I didnt have an attorney with me either.
i think these people (DO's) are very nice....its just the dread that everyone creates. If you are clean and honest you have nothing to worry about.

Thank you again for all your support and advice!
 
Hello Everyone,

I jsut wanted to thank you all for your comments and replies to my case. I would just like to give you a quick update. I had my interview this morning and I am approved for citizenship!! =)
The interview actually went very smoothly...all the interviewer asked was if i had my court copy and i showed her. I also told her that i pleaded not guilty and the charges were dismissed. That was it. I didnt have an attorney with me either.
i think these people (DO's) are very nice....its just the dread that everyone creates. If you are clean and honest you have nothing to worry about.

Thank you again for all your support and advice!
Congratulations Silly Mistake!! Glad to see all went well for you.
 
Congrats silly mistake. seems like this character chenwu is pretty useless and just trolls around looking to pick fights.
 
The op Admitted he stole, then he admitted "we" him and his attorney pleaded not guilty of petty theft. He constantly alludes to the fact that it was petty theft and he did steal.

I have the impression that some people use the Communist Party constitution and laws in this forum. :D
Please, this is the United States of America (Free country and culture).
The man has been approved...:p
 
I have the impression that some people use the Communist Party constitution and laws in this forum. :D
Please, this is the United States of America (Free country and culture).
The man has been approved...:p

Fbanna came on lotto, did not have to work to get gc. He is from Africa and blaming America for Africa's ills and he is living in America! He is claiming America colonized Africa. America never colonized Africa!
He is telling me I don't know history!
He is spreading misinformation, half truths, and falsehoods.

He seems to blame America for africa's ills?
Currently this is what is going on in Africa.
Blacks of Northern Sudan pretending to be Arabs in Sudan are killing other blacks in the South of Sudan. But both look the same!
Then he blames the European colonists for plight of Africa and tell us that America owes Africa for what Europeans did in africa!
If America did not colonize Africa how can you blame America?
Fbanna cliams he is a manager but by his twisted reasonings he must have gotten fired from every job he was handed out.

In kenya the blacks killed each other only recently, Mugabe from Zimbabawe just came 2 days ago to America and blames America for all ills. While he has totally messed up his country all by himself! And this has been going on for years.

Only recently South african blacks were rioting against blacks from other countries like Congo and Zimbabawe. Perhaps Fbanna can explain how colonists had a hand in this and then explain what America has got to do with this mess?

In Rwanada Hutu killed tutis, they look the same but Tutsis claim descent from Israelities. He is blaming European Colonists for this!!
He even seems to blame America!
But America did not colonize Africa!!!

Except for Egypt, the continent had no civilization and Egyptians say they are not Africans.

History tells us that Portugese brought blacks from africa to Brazil the land of
Id:bernal. He is supporting this character who himself claims that he was accused of some crime? may be stealing? only he can clarify what it was, just like Sillymistake was. Sillymistake admitted, hired an attorney.

Geez, people steal, they engage in domestic violence, drink and drive, DWI, DUI, plead guilty to prostitution and still got the arrogance to apply to become a citizen of this country.

Please ask how can fbanna blame America for Europeans colonizing Africa!!!!

I am against green card by Lotto which is getting gc by luck but not by hard work, and I am for people respecting our borders etc.
For this I have been called a tyrant by Bobsmyth!! who is a regular here. Bobsmyth is a canadian transplant.
 
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"Id:bernal. He is supporting this character who was accused of some crime may be stealing just like Sillymistake was. Sillymistake admitted, hired an attorney"

haha you're funny. you know nothing about the american legal system. just wait until you get pulled over for speeding and get charged for reckless driving. then u'll be looking for advice. You are joke not worth anyones breath. Go back to China if is so great with ur commie comrades and cheating underage chinese athletes, and fake singers.

xie xie
 
"Id:bernal. He is supporting this character who was accused of some crime may be stealing just like Sillymistake was. Sillymistake admitted, hired an attorney"

haha you're funny. you know nothing about the american legal system. just wait until you get pulled over for speeding and get charged for reckless driving. then u'll be looking for advice. You are joke not worth anyones breath. Go back to China if is so great with ur commie comrades and cheating underage chinese athletes, and fake singers.

xie xie

What were you charged with? Portugese started bring african peoples to brazil. They brought the maximum number, the web link tells all that. why did they treat human beings badly like that?
Except for soccer in which your country is beaten regularly now, you are not good at any other sport.
 
Except for soccer in which your country is beaten regularly now, you are not good at any other sport.

I see this person's been banned, huh?

Judging by the phrase above, this was most definitely geetha1/niceuser/thrillermanila.
 
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