Petty Theft by an 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.
 
i would say speak to an attorney..but by all means, contact the superior court in your area and get a certified copy of the misdemeanor and send it to USCIS before the deadline...I think you will get your greencard..
 
Yanall said:
i would say speak to an attorney..but by all means, contact the superior court in your area and get a certified copy of the misdemeanor and send it to USCIS before the deadline...I think you will get your greencard..
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Thanks a lot for you advice. I will speak with an attorney and I will to get the court certified copy of the misdemeanor by before the deadline, but what makes you think that I will get my greencard? I mean its nice to know that you think I will get my greencard but is there a reason you beleive so? Have you personally come across this situation before or have known someone that has been in a similar situation?

Thanks.
 
I don't know how serious your crime is. but I know someone who is in the similar situation - grand theft and then was lowered to misdemeanor and they got their greencard. Did the court dismiss your case? if they did, then you should be ok just submit certified copies of the misdemeanor and the final disposition. Make sure you ask for certified. it is gonna cost you money to get the certified copies, and I don't know how much. But in conclusion, I don't know if your case is going to be approved, I am not USCIS or a laywer. But if you leave the country and come back in, be prepared for a second inspection because of the misdemeanor, they will ask you question, and also make sure your status is something like admissible, and not inadmissible..so you can come in and out of the country. on the other hand, USCIS asks you to submit certified copies of all arrests, so if you had trouble with law before this one (i am not saying that you had) submit certified copies too. you will need the case number to get the certified copy.
 
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Yanall said:
I don't know how serious your crime is. but I know someone who is in the similar situation - grand theft and then was lowered to misdemeanor and they got their greencard. Did the court dismiss your case? if they did, then you should be ok just submit certified copies of the misdemeanor and the final disposition. Make sure you ask for certified. it is gonna cost you money to get the certified copies, and I don't know how much. But in conclusion, I don't know if your case is going to be approved, I am not USCIS or a laywer. But if you leave the country and come back in, be prepared for a second inspection because of the misdemeanor, they will ask you question, and also make sure your status is something like admissible, and not inadmissible..so you can come in and out of the country. on the other hand, USCIS asks you to submit certified copies of all arrests, so if you had trouble with law before this one (i am not saying that you had) submit certified copies too. you will need the case number to get the certified copy.
Click to expand...


Thanks for your suggestion again. Well the thing with me is that I got a ticket when I was caught for petty theft. The ticket gave me a court date and I went to the court and in the court I had two options, either to plead guilty or not. I pleaded guilty (meaning I agreed to the charges). Therefore, the judge asked me to pay a fine of $500. I did not have to do anything else. Consequently, I am guilty and I have a misdemeanor on my record and nothing was dropped (not the court charges nothing nor was it dismissed). And yes am going to to get a certified court copy of the disposition. But, does anyone know any good attorneys in Orange County, California or near by?
 
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?
 
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 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. I have to mail this out latest by December 18th, 2006!
 
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!!!
 
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