Plea for help...

P

perplexedlass

Registered Users (C)
Hello All,

I really need to understand the immigration process regarding my impending Green Card Interview and would appreciate any help...

I entered USA in 2004 on an F1 visa. All was well until March 2008, when I shoplifted at Macy's and was arrested. I was bailed out for $500 and then given a court date. After appearing in court, I was asked to meet the prosecutor on May 1, 2008.
He gave me a diversion agreement. Some probation rules applied, and I was asked to complete 40 hours of community service, after which the case was closed.

In July 2009, I returned to my native country.

In 2010, I married the love of my life, who happens to be a US National. We met in college in 2005, and had been dating since.

My interview date is this month, and I have no idea what to expect. I will carry my court records with me (I have two-- a speeding ticket, and the theft crime).
I plan to come clean in front of the officer.

What else do I need to do? Do I need a waiver? All my forms have been cleared so far, and I have not been asked for any other information.

Please throw light on this issue so that I can be prepared.

Any help will go a long way in keeping my sanity.
 
Are you currently inside or outside the US? If inside, what type of visa did you use, and did you disclose the shoplifting when you applied for the visa? Or did you use the visa waiver program?

In some cases, shoplifting can result in a permanent ban from the US, depending on the specifics of the crime and the laws of the state where it occurred.
 
INA 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-


(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.



Shoplifting will usually meet the exception and traffic violations such as yours are not a factor. A waiver (form I-601) is also available but is unlikely to be required.
 
Jackolantern said:
Are you currently inside or outside the US? If inside, what type of visa did you use, and did you disclose the shoplifting when you applied for the visa? Or did you use the visa waiver program?

In some cases, shoplifting can result in a permanent ban from the US, depending on the specifics of the crime and the laws of the state where it occurred.
Click to expand...

Dear Jackolantern,

I am currently outside of the US.
After the arrest, I continued being on an F1 visa. I was offered a pretrial diversion, and after completion, the case was dismissed. I traveled into the US while on probation (pretrial diversion) and also traveled outside without any problems.

Do I need a waiver?
 
BigJoe5 said:
INA 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-


(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.



Shoplifting will usually meet the exception and traffic violations such as yours are not a factor. A waiver (form I-601) is also available but is unlikely to be required.
Click to expand...

Dear BigJoe5,

The maximum imprisonment would not have exceeded 6 months in my case. I am just confused as to whether I should apply for waiver or not. My interview date is fast approaching. All I have is the court disposition slip which clearly mentions that the case is dismissed and that the file is closed.
 
This is an urgent situation..

Can someone please guide me about the kind of questions that will come my way and how to tackle them?

Are there any tips that you could give me?

I'm losing my sleep.. please guide.

Any instances where a green card has been approved or denied on the same lines?:rolleyes:
 
Any person with any kind of criminal history should consider using an attorney for any US immigration processing. The attorney will assist you in compiling the proper documentation for the best outcome. Consider his fee an additional fine for committing the crime.
 
perplexedlass said:
Dear Jackolantern,

I am currently outside of the US.
After the arrest, I continued being on an F1 visa. I was offered a pretrial diversion, and after completion, the case was dismissed. I traveled into the US while on probation (pretrial diversion) and also traveled outside without any problems.

Do I need a waiver?
Click to expand...

If the interviewing officer determines that a waiver is required, one will be requested, it is unlikely to be requested.
 
Thank you for your replies. I have hired an attorney, and I am feverishly praying that I am not asked to get a waiver. My case is filed as "Nolle Prosequi"; what are the ramifications of such a dismissal?
 
Nolle prosequi (pronounced /ˌnɒli ˈprɒsəkwaɪ/;[1] Classical Latin: [ˈnolːe ˈproːsekwiː]) is a Latin legal phrase meaning "to be unwilling to pursue"[2] a Latin construction that amounts to "please do not prosecute". It is the term used in many common law criminal jurisdictions to describe a prosecutor's application to discontinue criminal charges before trial, or up until, but before verdict.[3]

http://en.wikipedia.org/wiki/Nolle_prosequi

It was thrown out of court and no longer a problem.
 
From your posts, it appears that there will be little if any impact on your processing. Please do not stress; you have done the best that you can do at this time by hiring a professional to make sure your documentation for all parts of your processing is complete. A consultation with your attorney will likely make you feel more confident for the future.

If it is warm where you are, go have a glass of lemonade or if cold, a cup of tea and relax. Life is good and going to be better :)
 
Concerned4us said:
From your posts, it appears that there will be little if any impact on your processing. Please do not stress; you have done the best that you can do at this time by hiring a professional to make sure your documentation for all parts of your processing is complete. A consultation with your attorney will likely make you feel more confident for the future.

If it is warm where you are, go have a glass of lemonade or if cold, a cup of tea and relax. Life is good and going to be better :)
Click to expand...

Thank You Sir! Will update you as soon as I am done with the interview. Please pray for me
 
Dear friends,

I am having sleepless nights over my interview. I need your opinion on one last thing.. after which I will be confident about my interview..

My diversion agreement only states " Agreement to Withhold Prosecution" Then there is an array of things that I had to do to successfully complete the PTD (not get into more trouble, to not visit bars,taverns, pay restitution etc etc)
Here are the exact words--

"The defendant and the State of Indiana inform the court that they have agreed prosecution in this case shall be withheld for a period of one year upon the following terms and conditions"


My question is-- Did I plead guilty by signing this agreement? Is signing a PTD Agreement an automatic admission of guilt (nowhere on the agreement does it state that I have pled guilty)

Please respond! It will calm my nerves.

Thank you all.

Will keep you posted!
 
My lawyer thinks that for all practical purposes, a diversion agreement is an automatic admission of guilt. My lawyer also thinks that the odds of me asked to get a waiver are very high. I'm just really confused because the pretrial diversion agreement did not specifically state that I was admitting guilt. Also, the final disposition was "Nolle Prosequi" (I read on several forums that a Nolle Prosequi is NOT A CONVICTION for immigration purposes)
Very honestly speaking, I'm looking for moral support at this point. There is so much legal jargon that I've read, I am half a lawyer already. I probably am just looking for light at the end of the tunnel. Interview is coming up in less than 24 hours. What do you think, Jackolantern? Do you think I'll be okay?

1. Signed PTD -----> is this admission of guilt???
2. Did community service, paid restitution, placed on probation---->is this equal to sentencing/conviction?
3. Is the nolle prosequi of any use to me under immigration law?

Thank you guys for all your support so far. This incident has changed my life forever, and I must admit, in some ways, I am a better person now.

Will let you know about the outcome of my case tomorrow!
 
No use in worrying about it now; the deed has been done, the interview is already scheduled. Whatever happens will happen. Good luck!
 
Dear All,

I had my interview today. There were LOTS OF QUESTIONS regarding my offense. Eventually, my file was put on administrative review.
What does this mean? Please guide me, I am really frustrated and sad :(
 
perplexedlass said:
Dear All,

I had my interview today. There were LOTS OF QUESTIONS regarding my offense. Eventually, my file was put on administrative review.
What does this mean? Please guide me, I am really frustrated and sad :(
Click to expand...

You were asked questions based on a pre-printed form and then signed it. The Officer was required to give the case over for supervisory review. Standard Operating Procedure.
 
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