DUI and shoplifting

#1
Hi,

I was recently charged under VA code 18.2-103 (Concealing or taking possession of merchandise; altering price tags).
I am very worried about the consequences of this charge on my immigration status. I am on green card and need to travel out of the country in July on
very important family issue. My case is set for June, and I have already made my travel arrangements before this incident happened.

I have been a Legal Permanent resident since 2015, and have been in the USA legally since 2006. I had a prior misdemeanor DUI in 2008
which is completely resolved. I traveled out of the country multiple times since the DUI and could renew my visa (and got GC) and entered the USA
(though after secondary inspection).

I know this new charge is very serious but it was a misunderstanding, and I had no intention of stealing anything. I just retained a defense attorney
who suggested a diversion program and the case will be dismissed after completing the diversion program (community service & class). I already started the program and hope to complete it by
the time I leave the country for my overseas trip. My attorney says that after I complete the diversion program , the case will be dismissed, and he will expunge
the records after that.

Can you please let me know if I will have any issues at POE (Abu Dhabi) if I travel out of the country in July?

Thanks.
 

Jbuff

Active Member
#2
Hi,

I was recently charged under VA code 18.2-103 (Concealing or taking possession of merchandise; altering price tags).
I am very worried about the consequences of this charge on my immigration status. I am on green card and need to travel out of the country in July on
very important family issue. My case is set for June, and I have already made my travel arrangements before this incident happened.

I have been a Legal Permanent resident since 2015, and have been in the USA legally since 2006. I had a prior misdemeanor DUI in 2008
which is completely resolved. I traveled out of the country multiple times since the DUI and could renew my visa (and got GC) and entered the USA
(though after secondary inspection).

I know this new charge is very serious but it was a misunderstanding, and I had no intention of stealing anything. I just retained a defense attorney
who suggested a diversion program and the case will be dismissed after completing the diversion program (community service & class). I already started the program and hope to complete it by
the time I leave the country for my overseas trip. My attorney says that after I complete the diversion program , the case will be dismissed, and he will expunge
the records after that.

Can you please let me know if I will have any issues at POE (Abu Dhabi) if I travel out of the country in July?

Thanks.
Do not travel out of the country with a pending case!! You probably already know this!!
If you do finish your programme before travel. Walk with your paperwork reflecting that incase you're questioned upon returning by CBP.

Speak to an immigration attorney before taking any deals/ diversion program.

Believe it or not in the eyes of USCIS accepting a plea for a dismissal to them in some cases they see it as guilty. Hence the reason they ask for the court Disposition.

Expungement means nothing to USCIS as you will still have to list the charge and provide the necessary paperwork. " Disposition" or the " Final order of Expungement"

Criminal attorneys aren't well informed when it comes to immigration laws.
What might be a good deal for an American to take might not be so good for someone with a GC to take.
 
#3
Hi Jbuff, thank you very much for the advise. Yes I dont plan to travel with the case pending. However my main concern is will I be denied entry with these criminal cases. I plan to carry the certified case deposition documents. Also I want to speak to an immigration attorney soon on what the best outcome for the shoplifting case is. Thanks.
 
Top