Petty Theft, Asylee

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vjthemetalhead

Registered Users (C)
My mother was granted asylum in January, 2002 and along with her we (my siblings and I) were granted asylum as well because we were her dependents.

After filing for adjustment in 2003 for green card, my mother and all other siblings got their green cards (in February, 2006) except for me. We all filed together as a family.

On January, 2003, I turned 18yrs and the next month on February, 2003, I was ticketed for petty theft. I was not arrested nor was I taken to the police station. I was just finger printed and given a ticket (misdemeanor charge). I live in California and this is where I was ticketed.

On the court date I went to the court and plead guilty. I paid $500 in fines without any jail time or community service etc.

On January, 2006, I turned 21yrs.

On October, 2006 I got a letter from INS asking for a court certified disposition and “a written statement explaining in detail the circumstances of the incident that led to the arrest and charges. Provide specific details and describe your actions and participation in the incident.”

The letter that I got from INS on October, 2006 says that these documents (court certified disposition & written explanation of the incident) are due before December 25, 2006. If I do not turn in the paper work then my application (I-485) will be denied and I will not be able to get Green Card.

I know that I made a mistake and I utterly regret. But, I really need some advice and/or help.

Will I get my Green Card? What do I do? Do I hire an attorney?

Please give me your advices and/or assistance. I know that some of you will condemn me for my actions and I completely understand your frustration. But, please at this time I need your help. Kindly help me.

Thanks.
 
You must talk to an immigration attorney. It all depends on what you plead guilty to. If it is petty theft infraction, you might be OK. Get the court disposition by going to the court where you pleaded no contest and get a certified copy. Take it to an attorney. If you can afford it, most definitely have the immigration attorney accompany you to the interview. Good luck.
 
In response....

Thanks a lot for the advice of hiring an attorney. I will do so, but is there any attorney that you would personally recommend. I live in Orange County, California. And the court certified and the written explanation should be mailed to them by December 25, 2006.
So, I don't have to go for an interview or anything and another thing is that I plead guilty to petty theft and had to just pay fines here in California.
 
I spoke with an attorney

I spoke to an attorney and he said to just turn in the court disposition and explain in a letter that it was just a mistake and it is because of friends I did what I did. Any comments about what the attorney had to say?
 
Perhaps in the letter you could also mention that you were quite young when this happened? Also, I think it's important not to come across as shifting the blame for what you did. ("Not my fault, my friends made me do it.") I'm sure there's a way to word things so that you take responsibility for what you did but also mention mitigating circumstances.

Good luck! I hope everything works out for you.
 
Follow the lawyers advice. It is not a serious charge. You can always get legal advice from more than one person. Isn't there a legal aid free of charge avaible to you? But I think you should just follow the first lawyers advice. It is a misdemenor so try to stop worrying and just be prepared with documentation. They want the court paper because of a legality. That is just proper procedure like all the other stuff you had to send. I am trying to help you put it in perspective so you won't be overwhelmed. Don't elaborate on the charge (it will put more attention on it). Just provide what they asked. A letter is good but limit what you say. You should be alright.
 
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Hi!Just wanted to comment about the fact of arrest. Not sure how it is considered in California, but let's say in New York if police takes your fingerprints and after running your crminal report doesn't find any records,then you are qualified not to wait in jail to see judge but rather just have a desk appearance ticket.Nonetheless, the whole procedure (though it might have been only 1-2 hours in a nice laid back police precinct where you stopped by yourself per request to hear 'your side of the story' and for these couple hours they might even not put any handcuffs on you)is called arrest. So if I were you I would be careful stating you have never been arrested, because technically you might have been.
As for the whole situation, I would definetely agree with NeShawn. It's a procedure, get a disposition from the court, send it back with as little explanation as possible, because the more you put the more chances you give to use your words against of you. If you go to church or volunteer,or do anything else that would show your present good moral character I would get letters from there and bring them to your interview.
I'm sure not an attorney, and the above is just some of my thoughts, but hope it was somewhat helpful and good luck!
 
This is my letter responding to the incident...

The INS needs, a written statement explaining in detail the circumstances of the incident that led to the arrest and charges. Provide specific details and describe your actions and participation in the incident.

This is my response....

On the evening February 17th, 2003 I was in Fry’s electronics with a couple of my friends. We were there to buy a new Playstation 2 game. I had just recently turned 18 years of age about a month prior on January 23rd, 2003 and I was a senior in high school. As we were in the store located in Fountain Valley, CA, we came across a computer video card that lay open on top of a stack of CD’s. My friends and I saw the open box of the video card and we got tempted and decided to sneak out without paying for it. So, we decided that one of us will buy the Playstation 2 game and the other which was unfortunately me would sneak out the video card. So, I put the video card inside my shirt and walked out, as I was walking out of the store I was stopped by a security personal and detained. He said that he had witnessed me while I was hiding the video card in my shirt. The security person then took me to this room, where I was asked to wait for a police officer to come. About 45 minutes later an officer arrived, he asked the security to explain what had happened. The security person then showed the video card to the police officer. The police officer then asked me to get up and the he finger printed me and gave me a ticket. About 20 minutes after the police officer came I was let go from the store, where I was detained.
On the date mentioned on the ticket, I showed up at the court and then I was explained my rights and then asked if I was guilty or not. I plead guilty to the charges of petty theft. The judge then fined me roughly about $592, I was given the option to pay all at the fine at the same day or have a monthly payment plan set up. Not having that much money with me, I chose to go with the payment plan of $100 monthly until the fine was paid in full. The payment was due every month before 25th of each month. I made payments promptly before 25th of each month.
These statements above as to the best of my knowledge and is what I remember because it has been more than 3 years. I do admit that I made an honest mistake and I was not thinking rationally. I reacted at the spur of the moment without thinking if it was right or wrong. I was young and immature. Today, I am a full time student at California State University, Fullerton. I am a junior currently and am studying physics with a minor in math. I also work at the school as a grader and that is how I make some money and make an honest living. I do not do anything or plan to do anything that is illegal or morally wrong. If there was such thing as a time machine which would let me go back in the past, I would not have done such a thing. It is hard for me to explain in words how guilty and wrong I feel for what I did, but today I can honestly say that I am making the best out of my life and am striving to succeed to better the future for me and the society as a whole.


What do you think about the letter that I have written? Are there any suggestions or changes you would recommend or anything that you think that I am missing out on? Please dont just read reply saying honestly what you think.
 
Hello

Can you please give me some advise on this issue?
I was granted asylum in September, 2008. I have approved relative petition on March, 2009. I was ticketed for petty theft ($150) in this April, and have a court hearing on June. I have a clean record, no previous history at all. How would this effect on my status and on my petition. And what should i do in court plead guilty or not?

My email is hi-liter@mail.ru

Thanks in advance!!!
 
mymisstake said:
Hello

Can you please give me some advise on this issue?
I was granted asylum in September, 2008. I have approved relative petition on March, 2009. I was ticketed for petty theft ($150) in this April, and have a court hearing on June. I have a clean record, no previous history at all. How would this effect on my status and on my petition. And what should i do in court plead guilty or not?

My email is hi-liter@mail.ru

Thanks in advance!!!
Click to expand...

1) you need a lawyer for legal advice.

2) that thread has not been active since 16th December 2006 08:26 PM so you are looking in the wrong thread for answers.

3) start your own thread, it is easy.
 
vjthemetalhead said:
I spoke to an attorney and he said to just turn in the court disposition and explain in a letter that it was just a mistake and it is because of friends I did what I did. Any comments about what the attorney had to say?
Click to expand...

Hi

Please tell me how was ur I-485 done? Did you send the disposition letter along with I-485. What other documents related to case you sent to USCIS?

Thank you
 
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