But how the then INS approved his greencard with knowing the incident and the punishment has was given?
Shoplifting or theft, even if for a very small amount, is taken very seriously in the immigration realm. Because such a crime has an element of intent to steal or defraud, it is considered what we call in the Immigration Law, a ‘crime involving moral turpitude’, which often brings about serious immigration consequences.
Under the immigration law, an alien is deportable if: the alien is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status) after the date of admission, and the alien is convicted of a crime for which a sentence of one year or longer may be imposed.
If the maximum period of incarceration possible for this offense is less than one year, which is usually the case for minor shoplifting convictions, this should have no application. However, some States treat more serious theft offenses or burglary offense as aggravated felony for which the term of imprisonment is at least one year. In such cases, of course, deportation grounds can apply to the violator.
Where were you charged at and convicted to shoplifting? In US or outside the US? If in US then which state? How much thing was worth in money that you shoplifted? Normally a shoflifting crime falls under patty offence..and considers a misdemeanor if it's under $300, BUT if the amount of item shoflifted was worth more than $300 then it could become a grand larceny...and a felony...depending upon state laws wherein crime was committed.
Shoplifting is also a CIMT (crime involving moral turpitude) and a deportable offense. Conviction on crimes involving moral turpitude may trigger deportation if you have any other CIMT on your record. This immigration law term of-art could include crimes in many different offense categories, e.g., crimes in which either intent to steal or defraud is an element (such as theft and forgery offenses). You can find this information in the link that has been provided underneath. So, it could be possible that you will be placed on a removal proceedings very soon if there is more into your case/background/convictions.
You have to also understand that the changes in immigration laws in 1996 included definition of fifty more classes of crime, some of which are neither “aggravated” nor a “felony” by criminal law standards (e.g. shoplifting); also almost any crime for which you served at least 1 year in prison. You can see this information as such and clear on this link-
http://www.nysda.org/idp/docs/Deportation101-Curriculum.pdf
http://www.amnestylawusa.com/PracticeAreas/Deportable-Criminal-Offenses.asp
http://www.shopliftingprevention.org/main.asp
the amount was 25$
I assumed you disclosed fully in your GC interview, right? And what did your interviewer said about your record at the time of interviewing?
I know I didn't have any lawyer at the time I went by myself and I was 18. I learned my lesson the hard and expensive way.12 months suspended jail sentence plus fine for stealing worth $25? Ouch.. that's a stiff penalty for a first time offense.
There's a good table on page 23 at this site on who is deportable:
http://72.14.205.104/search?q=cache:Li_UPuzqbJkJ:www.nysda.org/idp/docs/Deportation101-Curriculum.pdf+cimt+%2B12+month+sentence+%2Bdeportation&hl=en&ct=clnk&cd=6&gl=us
I spoke with a lawyer today and he saw my dispositio letter and saw that the judge made a mistake.
12 months suspended jail sentence plus fine for stealing worth $25? Ouch.. that's a stiff penalty for a first time offense.
so I had the 12 month probation but was never in jail so on page 23 has theft** does the statement below doesn't work for me then?
**The 1-year requirement refers to an actual or suspended prison sentence of 1 year or more [A New York straight probation or conditional discharge
without a suspended sentence is not considered a part of the prison sentence for immigration purposes.]
It wasn't that bad. He wasn't sentenced to life for stealing $5. He went to prison for $5, and then got into more trouble in prison.Jeez.. that's harsh punishment. Is it in NY? I remember I saw a movie that starring Kevin Bacon. In the movie, he stole $5 and was sentenced to the Alcatraz prison for the rest of his life (true story).
It makes it sound that way. Consult an attorney to discuss this.
perurican82, since this was in NY, did you get straight probation or an ACD (Adjudication in Contemplation of Dismissal)?
this was in Georgia.
Thanks for the clarification. You've mentioned NY in one of your previous posts, so I assummed that this took place in NY. In any case, was this a probation or ACD?
The only way you can be denied at this point is if something else comes up during the final review or before the oath (ex: they find out you withheld something critical or you commit an offense that makes you ineligible for naturalization).i have my citizen test approved i gate a letter from io saying congratulations your application has recommended for approval
at this time it appears you have established your eligibility for naturalization if final approval granted you will be notified when and where to report for the oath ceremony ?
my- Q- is steal can be denied and if yes for what reasons
thanks for reply