need help for a most unfortunate foreigner

F

frisat00

Registered Users (C)
HI,

I consider myself the most unfortunate foreigner in this country. The story starts like this. Been in this country for 13 years. Came to this country to do MS degree in engineering. Completed in time and got job for corporate america(fortune 500 company). GC proceesing started in 1996, then ended up changing job due to the lowest paid first job. Well, got job in another fortune 500 company and restarted GC in 1998. My company started laying off people in 2000 and TWC holded my application for 2years. Finally they passed in 2002. Then Filed for 485. Been waiting for approval. Got finger print notice in oct-2004, FBI clearance came to immigration in Oct. But to my misfirtune, immigration tied FBI clearance to wrong A#. Company lawyer found out in this in January. To add salt to my last 6years wound, unknowingly I walked out of of a store without paying one item in last Jan in TX, paid the others through. So now I'm convicted of misdeamenour criminal charges. Well, now I'm completely dead. Consulting an immigration attorney and he says almost 99% chance that my I-485 will be denied. So I have to get out of this contry with my family.

So, I'm literally begging for help here. Anybody can suggest anything or know anyway to get out of this please post here.

Thanks a lot may god bless you for saving a family here.
 
frisat00 said:
HI,

I consider myself the most unfortunate foreigner in this country. The story starts like this. Been in this country for 13 years. Came to this country to do MS degree in engineering. Completed in time and got job for corporate america(fortune 500 company). GC proceesing started in 1996, then ended up changing job due to the lowest paid first job. Well, got job in another fortune 500 company and restarted GC in 1998. My company started laying off people in 2000 and TWC holded my application for 2years. Finally they passed in 2002. Then Filed for 485. Been waiting for approval. Got finger print notice in oct-2004, FBI clearance came to immigration in Oct. But to my misfirtune, immigration tied FBI clearance to wrong A#. Company lawyer found out in this in January. To add salt to my last 6years wound, unknowingly I walked out of of a store without paying one item in last Jan in TX, paid the others through. So now I'm convicted of misdeamenour criminal charges. Well, now I'm completely dead. Consulting an immigration attorney and he says almost 99% chance that my I-485 will be denied. So I have to get out of this contry with my family.

So, I'm literally begging for help here. Anybody can suggest anything or know anyway to get out of this please post here.

Thanks a lot may god bless you for saving a family here.
Click to expand...

First of all, don't panic. You always can find a way in this country.

I think you have couple of options to try:
(1) Fight back the criminal charges. Maybe you need go to court and prove you do not intend to walk out without paying. Just one item left without notice. You can accept the fine, not the charge.
(2) If you alreay pass the FBI name check, your 485 might be ok.
(3) Get other legal assitance from professional.
...
 
I doubt misdeamenour will result in I 485 Denial. Your Attorny seems like A** hole. Misdeamenour Charges are minor offences and should not matter that much. Only Felony charges are considered seriuos.

Don't be afraid;

find said:
First of all, don't panic. You always can find a way in this country.

I think you have couple of options to try:
(1) Fight back the criminal charges. Maybe you need go to court and prove you do not intend to walk out without paying. Just one item left without notice. You can accept the fine, not the charge.
(2) If you alreay pass the FBI name check, your 485 might be ok.
(3) Get other legal assitance from professional.
...[/QUOTe
Click to expand...
 
I think that you may need a good lawyer. You can contact Law Offices Of Rajiv S. Khanna and get their opinion.
 
frisat00,
Your attorney seems to like to spread fear or is really way too conservative. I've read many stories of people with the same type of crime and were approved without a problem. The worst thing that would happen is that your case would be transferred to a district office for an interview. Hang tight and get a different attorney if needed. Unless there's outright fraud somewhere there's always a good chance at an approval.

Read this thread as you may find comfort:
http://immigrationportal.com/showthread.php?t=138444
 
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Thanks a bunch to all of you. Got a criminal lawyer. He is saying either take DeferredJuridiction or got to trial which has 50% chance of loosing. Any suggestion from you wonderful lifesavers?
 
Also wondering should I tell the company lawyer about my criminal thing? I haven't told them anything yet as I'm afraid of company firing mr or something.
 
My dear friend don't worry

frisat00 said:
Also wondering should I tell the company lawyer about my criminal thing? I haven't told them anything yet as I'm afraid of company firing mr or something.
Click to expand...

First of all don't worry. If what you have written you really meant that this is your first time you were caught, then prove that to Judge and he WILL forgive you, I am DAMN sure. But what you need to do is talk to the Judge through some Attorney, to not to put on your record and for that you will have to pay some fine and be in court supervision for 6 months or so.
Also when you hire an Attorney don't pay thousand of dollar, it should just cost you somewhere between $500 to $1000.

Hey don't think I have been through this. No not at all. I happen to sit in court once to pay the minor traffic violation, I saw many cases like this and the judge was very forgiving.

No need to tell your employer. Don't shot at your leg.
 
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Thanks Brij,
I have worked in 10+ countries on behalf of current company and never ever no problem whatsoever. I never even got into a fight with anyone in my life being in the worst countries. Due to my complete ignorance in criminal world, ended up with this criminal attorney who already took 2+K and wants me to go to trial. Good lord, I learnt so much here in this forum. May be I should fire this A***hole first thing on Monday morning. I have a court date is coming thursday. So I have to decide should I take DefferedJuridiction(means pleas guilty and pay fine+probabtion but no conviction record) or go to trial hoping I'll win. But If I loose then there will be conviction for ever in record.

I have Misdeam-B. Any idea or suggestion which one shoudl I take?
 
Oh BTW.........I wasn't shoplifting out of fun or being broke. I was on a prescribed steriod medicine day before due to bulging disk in my neck. THis f**ing disc didn't let me sleep for 4-5nights prior to this incidence. First time ever took steroid medicine and believe or not, I was kind of feeling flying in sky.......for which my doctor did give a letter saying this medication can make mood swing.
 
I think best approach will be let the Judge decide. You should say "I think I am not guilty and I will let you decide hon'able Judge". And present the letter from Dr. and tell your side of incidence. I am very sure Judge will decide in your favour.
Also if someone is first time shoplifter your move in the shop will prove that you were there with the intent of shoplifting. Since the object came by chance in your possesion I think you should ask the Judge to ask the shop to present there recording.

Also before firing a Lawyer find out the cheapest lawyer.
One thing you should learn in US - The businessman want to screw as much money from you as possible. And lawyer are big time businessman.
 
Brij,

Here is what this lawyer says. We will go to court on first courtdate at which time we will only talk to DA. That time DA will review my case and then my lawyer and DA will negotiate. Then on second court date we will be infornt of the judge. But this frikin lawyer wants me decide on first court date to take deffered or go to trail. Since I don't know how this ystem works, what should I do on first court date?
 
To gain more knowledge - you go to the DA office yourself. And talk to them about your case and ask for help. The clerk themself may sometime take you to the lawyer.
I am also aware that Attorney are provided to you by state free of cost. Talk to them about this too.
 
Thanks a bunch to everybody who have given some insight and hope in this forum.

As per my crim att. here are the max punishment for Misdeam-B, if I take deferedjuridiction

1. Confinement not to exceed 180days and
2. a fine npt to exceed $2000
3. Community service from 24-100hrs

So will that be ok from immigration side now and in future?

BTW: Oh yes, it will cost me way more than the perfume. But what can I say now? Eat some prescribed steriod day before for a bulging disc problem in neck. Didn't sleep for almost a week out of pain. Went to store due to our anniversary. Bought some stuff for kid, paid, then somehow forgot to pay for the perfume. Well, got a nice present to wife on anniversary(jail instead of perfume). My doctor gave paper saying this steriod can make mood swing but I don't think judge will buy that. Anyway, mistake is done my me and I will have to pay the price. I know that. Just trying to find a way to fix it.
 
Fristoo,

I feel if you fight the case you may win.

reason

1) you paid for other merchandise.
2) by mistake the perfume came with you.
3) on medication
4) this will be helpful to you - recording. i will bet doolar to donut that first time offender always act as if they are there to steal something. and if you were not there with the intent of stealing, the recording will support you.
by the way - where was the perfume when you came out!! if in your pocket then odds are against you and if in your cart - then good for you or ....
 
I think Brij523 has a point. Also the value of paid items compared with the value of perfume might be relevent. If you paid 200$ for the stuff you bought and the perfume is worth 30$, then you'd have a strong point that it is a mistake not shoplifting, especially with medication and other circumstanses.
I am not an expert, i just think so
 
Bought a comforter(about $40 or so) from downstair and came to upstair, picked up the perfume($75 or so). But couldn't hold in left hand as my left hand pain was killing me, so put it in the comforter bag thinking(I guess) will pay on the way out. Looked for for some kids clothing, couldn't find any and just walked out.(what a idiot I am). I can't believe I forgot, usually I remember things like this store very well, especially american stores. Cus I know american stores don't care, once you are out of store, that's it. Desi stores might be different. I think my one week of sleeplessness and steroid medicine made by brain slow or something. But who will believe that? My crim attorney says I have a pretty good chance to win if I go to trial. But If I loose then I think I'm screwed as there will be conviction and formal probation.

So, instead take defered which won't have conviction but most likely will be court probation 6-9months or so. I just hate to take this as I'm in a way admitting that i did intentionally. But from immigration point of view I can't afford to go to trial and loose. What a frikin situation my luck put me into?

Well, any advice is highly appreciated.
 
Did you put the perfume inside the comforter bag or the comforter itself? Comforter bags are transparent bag and if you just put it in the bag it will prove that you had no intention of stealing it. If you put it inside the comforter I think the judge will have valid reason to doubt your intention but your past record and some financial records might prove that you do not fall in the profile of those how are likely to steal.

frisat00 said:
Bought a comforter(about $40 or so) from downstair and came to upstair, picked up the perfume($75 or so). But couldn't hold in left hand as my left hand pain was killing me, so put it in the comforter bag thinking(I guess) will pay on the way out. Looked for for some kids clothing, couldn't find any and just walked out.(what a idiot I am). I can't believe I forgot, usually I remember things like this store very well, especially american stores. Cus I know american stores don't care, once you are out of store, that's it. Desi stores might be different. I think my one week of sleeplessness and steroid medicine made by brain slow or something. But who will believe that? My crim attorney says I have a pretty good chance to win if I go to trial. But If I loose then I think I'm screwed as there will be conviction and formal probation.

So, instead take defered which won't have conviction but most likely will be court probation 6-9months or so. I just hate to take this as I'm in a way admitting that i did intentionally. But from immigration point of view I can't afford to go to trial and loose. What a frikin situation my luck put me into?

Well, any advice is highly appreciated.
Click to expand...
 
BTW it is "Deferred Adjudication" not "defered juridiction"

frisat00 said:
Thanks a bunch to everybody who have given some insight and hope in this forum.

As per my crim att. here are the max punishment for Misdeam-B, if I take deferedjuridiction

1. Confinement not to exceed 180days and
2. a fine npt to exceed $2000
3. Community service from 24-100hrs

So will that be ok from immigration side now and in future?

BTW: Oh yes, it will cost me way more than the perfume. But what can I say now? Eat some prescribed steriod day before for a bulging disc problem in neck. Didn't sleep for almost a week out of pain. Went to store due to our anniversary. Bought some stuff for kid, paid, then somehow forgot to pay for the perfume. Well, got a nice present to wife on anniversary(jail instead of perfume). My doctor gave paper saying this steriod can make mood swing but I don't think judge will buy that. Anyway, mistake is done my me and I will have to pay the price. I know that. Just trying to find a way to fix it.
Click to expand...
 
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