Petty theft infraction in California PC490.1

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PP_GC

Registered Users (C)
I was charged with a misdemeanor petty theft because of an oversight on my part.

During pre-trial the charge was reduced to petty theft infraction California PC 490.1, and was fined $50.

Just one month after the pre-trial, my I-485 application got approved.

Am I required to notify BCIS about the above charge?

Is the above infraction considered a CIMT?

Will I be asked about this charge every time at the port of entry?

Attorneys, please advice...
 
PP_GC said:
I was charged with a misdemeanor petty theft because of an oversight on my part.

During pre-trial the charge was reduced to petty theft infraction California PC 490.1, and was fined $50.

Just one month after the pre-trial, my I-485 application got approved.

Am I required to notify BCIS about the above charge?

Is the above infraction considered a CIMT?

Will I be asked about this charge every time at the port of entry?

Attorneys, please advice...
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Theft is a CIMT. However, it is extremely likely that this will fall under the petty crimes exception since the maximum sentence is almost certainly under one year. Any time you travel internationally, you should carry the disposition sheets with you. You probably will be referred to secondary inspection and if BCP has any questions, you will be put into deferred inspection. Deferred inspection can probably be avoided if you have the documents with you. Additionally, it's probably a good idea to have an attorney review all of the materials in detail before you travel.
 
Hello Jim, Thank you for your response. Will I be checked for inadmissibility and referred to secondary inspection even if return to US within 180 days of leaving?
 
PP_GC said:
Hello Jim, Thank you for your response. Will I be checked for inadmissibility and referred to secondary inspection even if return to US within 180 days of leaving?
Click to expand...

Yes. The Fleuti doctrine has been legislated out of existence. An alien with a CIMT is an arriving alien.
 
Hello Jim.. Thank you very much. I shall get in touch with you before I leave abroad.

Just one more question:

My I-485 got approved without an interview just one month before I got convicted. Am I required to notify INS about this conviction and amend my I-485 application (even though its been approved)?
 
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