arrested for shoplifting, Please help

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chucky

Registered Users (C)
My situation is the following, I got arrested in new york for shoplifting on sept. 2004, i went to court and the lawyer assigned to me advise me to plea guilty to Disorderly Conduct which is a lower offense, that i could do so since that was my first arrest ever, I did so; So I got convicted of 1 Year Conditional Discharge, based on Disorderly conduct.......Now I want to file a I-485 based on marriage. I'm so dazed for the information I read about CIMT, definetely shoplifting is and the maximum penalty possible for that in NY is 1 year, my questions are, please help me:

1) To Immigration is the conviction that matters or is it the arrest?, my charges were shoplifting and possesion of stolen property; but i got convicted of a lesser offense.
2) is a Conditional Discharge an admission of guilt to the charges (shoplifting)?
3) Will USCIS know what really happened on the arrest?,
4) to the petty offense exception, the maximum penalty possible have to be estricly less than 1 year ( in my case is one year the maximum penalty possible)

Please give me some light in this, I'm so affraid of being deported, i don't know if i should file........Should I wait till my conditional discharge is over on sept. 2005 and try to get my case cleared???
 
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chucky said:
1) To Immigration is the conviction that matters or is it the arrest?, my charges were shoplifting and possesion of stolen property; but i got convicted of a lesser offense.
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Arrest and conviction - both matter to immigration. However, if the arrest was expunged in court or no charge made, there is no need to worry (except an interview with USCIS officer - most probably). In this forum I noticed a few drunk driving cases (arrested and convicted) were approved.

chucky said:
2) is a Conditional Discharge an admission of guilt to the charges (shoplifting)?
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Yes.

chucky said:
3) Will USCIS know what really happened on the arrest?,
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Probably they don't care about all the details, but they will know arrest and conviction record in FBI check.

chucky said:
Please give me some light in this, I'm so affraid of being deported, i don't know if i should file........Should I wait till my conditional discharge is over on sept. 2005 and try to get my case cleared???
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I personally feel you should file your I485 without waiting the completion of for conditional discharge period. You won't be deported. If you really want to be safe, you can consult to a good immigration lawyer and let him file your case. It's very likely that you will be called for an interview before approval (or final decision) and if you are nervous you may have take your attorney in interview. So it's important to discuss all the details and know his/her rate (normally attending interview rates are pretty high) unfront before hiring him/her as your attorney.
 
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it was items worth $250 but in new york is the same as $900, the maximum penalty possible is 1 year.
 
I was arrested for shoplifting in VA. Case was 'null processed' in court. Went to India for H1B, got it after 6 weeks (background check). Visa read "Case Hit does not constitute CIMT". Does that mean, I shall be fine for GC as well..since H1B visa was not much of an issue...and they did a background check just last year. This happened about 8 yrs back.
 
dcmetro22042 said:
I was arrested for shoplifting in VA. Case was 'null processed' in court. Went to India for H1B, got it after 6 weeks (background check). Visa read "Case Hit does not constitute CIMT". Does that mean, I shall be fine for GC as well..since H1B visa was not much of an issue...and they did a background check just last year. This happened about 8 yrs back.
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Yes, your GC will be fine. Mere arrest without conviction does not cause GC denial. In the worst case (I can think of) they will call for an interview.

However, (as a side note) finding/conclusion of state department (consulate) and USCIS not necessarily have to be same. If state department find something OK, it may not be OK for USCIS always.
Either way, your case is fine.
 
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conditional discharge

since I was convicted of conditional discharge to be due on september 2005, my immigration attorney spoke to my criminal attorney (the one that had my case when i was arrested) and she suggested us to wait till the conditional discharge is due on september to file my I-485, will that help????, do i really need to wait?, Will the FBI report change after the conditional discharge is due and the case is sealed?? please reply, I'm confused, don't know if I should wait or if I should risk it now........thanks guys
 
The info below is my 2 cents; you should take it to an attorney and check with them.

I don't know if waiting will help. I think that your arrest/conviction will show up on the FBI check, and in that case, it is important that you do not lie about it in your I-485 application. There's a questionnaire included and a question that goes "have you ever been arrested...?" and I think you should mark "yes."

I was arrested 9 years ago and the charges were dropped. At the time I was filing the I-485 (2-1/2 years ago), I went to the police department to get a statement that the charges had been dropped, and it turned out that there was no record of my arrest. Not knowing whether it would still show up in the FBI check, I admitted to it in my I-485 application, attached an explanation, and a record clearance letter from the police.

I had my interview last Monday, and the arrest did come up. It turns out that the document they wanted from me had to come from the Court, not the police; and that's the only reason my passport did not get stamped right then and there. The officer who interviewed me should have asked for this letter in my interview notice, but he missed it.

I don't think they would reject your application on that charge. You will need a letter from the Court, though. The RFE the officer handed to me at my interview has three boxes that they can mark for documents they need from you. They read as follows:

"Original or certified copies from the Court, indentifying the complaint, disposition, sentence, and proof of fullfillment of sentence (i.e. completion of probation, completion of community service, completion of term of imprisionment) for any and all arrests even if expunged."

"If no records are available, submit a letter from the court stating that there is no record. Do NOT submit a police clearance or a photocopy. (Documentation must be original or certified copies.)"

"If you were granted diversion, you must submit court records (original or certified copies) which identify the charge and whether you plead guilty to the charge(s) or admitted guilt, prior to diversion being granted. Records must also include the final disposition (dismissed or convicted) and the sentence."

So, when you file your I-485, you should get from the Court whichever document applies to you at the time and attached it to your application. I think you should be OK with that.

That's my 2 cents.

Oh, yeah - I got the letter from the Court yesterday and mailed it in.

I hope this helps.

maiaia
 
thanks

thanks for that information, i'm going to consult with my attorney about what you said, thanks again
 
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