Shoplifting & H1. Help, please!

R

Rick L

New Member
I am currently on H1B and my company filed I-140 on my behalf.
At this point I\'ve been charged for shoplifting (petit larceny). I talked to attorney and he said that if I would be convicted, then I will face deportation. However, if I plea bargain for smaller offence which is not a case of moral turpitude, then I will have no problems with INS. In this case I should answer YES on question "have you ever been arrested?", and note that conviction is not a case of moral turpitude.
Could you clarify this situation, please?
I\'m living in Fairfax, VA. Could anyone refer a good attorney for this case?
 
No Title

please provide more information on your case:
What was the theft for. What amounts I mean.
What is the maximum jail sentence possible for this kind of charge. you should investigate the penal code of VA and investigate this as a possible sentence of > 1 year will make you inadmissible. If it is less than 1 year you have nothing to worry about
 
No Title

Amount is $55, actually it was small tool which cost less then $1, but it was a part of the bigger set which cost 55.
Maximum sentence for petit larceny in VA is 1 year.
It is probably possible to bargain it to something which is not case of moral terpitude. In case of such bargain will it somehow affect addmissiability? Could INS figure out that actual charge was for petit larceny?
 
No Title

Rick, definitely go for the plea bargain that will reduce a possible jail sentence of 1 year. Note that i said possible jail sentence. it does not matter ultimately what your sentence is - if the charge that you are found guilty for has a possible sentence of more than one year, you are inadmissible. also, MAKE SURE your criminal lawyer and your immigration lawyer talk to each other. this is a serious matter.
check out norton tooby (find his address on yahoo). he is a respected criminal/immigration attorney.
*** I am not giving any advice here and am not a lawyer. Interpret whatever information i provide the way you want to ***
 
Charged with shoplifting --need help ASAP

Hi,
I have been charged for shoplifting for $280 and my court date is Dec20th. I am on h1-b visa and i would like to know the procedure so that it wont affect my status or deportation. I went to criminal lawyer but he doen\'t know about immigration . pl- help
 
H1- Out of Status

I lost my job 2 weeks ago and ie: on 11/30/01. The people say we have to apply for a new job and file the H1-B with in 10 days. My question is what if we don\'t get a job and hunt for a job and stay in the "USA" for 2 months from now with out a job. i will be getting the last severance pay cheque from the employer on January 15th. I want to know whether i am in out of status now.
what are the issues if one is out of status
Thanks
Nimai
 
Me too

I\'d like to know the answer to this one too, I\'m in a similar situation. I was laid off with 60 days pay in liue of notice (60 days notice is specified under the Warn Act).

My understanding is that I have 30 days to transfer my H-1B. Does that 30 days commence from the day I was actually laid off or at the end of the 60-day notice period?
 
Re: No Title

Rick,

I am in similar situation as you but the same happened to me about 5 years back. Did you find a resolution to it? Did you mention this on the Green Card forms that asks whether you were arrested or convicted? I was told that my record would be taken out after two years.




Originally posted by Rick L
Amount is $55, actually it was small tool which cost less then $1, but it was a part of the bigger set which cost 55.
Maximum sentence for petit larceny in VA is 1 year.
It is probably possible to bargain it to something which is not case of moral terpitude. In case of such bargain will it somehow affect addmissiability? Could INS figure out that actual charge was for petit larceny?
Click to expand...
 
hi, renelong2002,

I have the same problem as you. How's the decision of the juge? Would you share your experience with me? As I know, the retail theft is a kind of moral turpitude. If that's the 1st criminal record, will INS turn us down when processing green card or H-1B renewal?

Thanks,

Originally posted by renelong2002
I am on an H-1B work visa and am going to start the permanent residency process through my company.
I was arrested for shoplifting and have been charged with misdemeanor and am awaiting my court date coming up soon. Even though the amount of the goods taken was around 500$ since the store was an expensive on the charges were not for felony ( which is usually the case for theft amounts greater than 150$) but were for misdemeanor since this is my first offense. Misdemeanor (retail theft) in the state of illinois (where the crime was committed),at least, means that the maximum possible jail sentence is 1 year and there is a fine amount upto 2500$. My criminal lawyer says that it is highly unlikely for me to get any jail sentence since this is my first offense. Now the permanent residence forms ask whether you have been arrested or not and also about ' moral turpitude'. does this come into the ' moral turpitude' category ? and what are the repurcusions of my offense on the permanent residency process ?
your kind help is deeply appreciated
Click to expand...
 
I am in Illinois. $97 retail value at Best Buy.
I am looking for a good lawyer. What's yours? Would you contact me via e-mail senshinone@hotmail.com?

Does 'theft' a kind of Moral Turpitude? If it is, does 1 year supervision exceed the limit of INS?

Thanks,

Originally posted by renelong2002
Well, I pleaded guilty to 'theft' instead of 'retail theft'....what that does for me is that for cases of theft this history can be expunged from my records two years after the punishment instead of 5 years in case of retail theft. In my case the judge gave me a 1 year supervision (which means - stay away from trouble for one year and report to social services once every 2 months or so). But unfortunately even if you donot get any jail sentence etc. for the INS purposes 'supervision' is also a conviction....it is not a conviction for employment purposes. Usually, INS does not turn down your green card processing if it is only one supervision but anything more would be a problem i think.So what did the judge give you then ? Are you applying for your green card through your employer ? what state were you arrested and what was the amount ? I hope you have a lawyer. Hope this helps.

Disclaimer: I am not a lawyer. For reliable advice, consult a lawyer


From Senshin
hi, renelong2002,

I have the same problem as you. How's the decision of the juge? Would you share your experience with me? As I know, the retail theft is a kind of moral turpitude. If that's the 1st criminal record, will INS turn us down when processing green card or H-1B renewal?

Thanks,
Click to expand...
 
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