shoplifting with infraction

M

mania

New Member
Hello All

I would like to ask for some opinions for my case:

i was arrested in 2000 for petty theft under $100. was fingerprinted and I appointed a lawyer who was able to bring down the case from a misdemeanour to an infraction.

Also when I went to the consulate in delhi, they stamped my H-1 with an annotation as follows:
INA 212(A)(2)(A)(II)(II) applies.

I read about the INA212 and am totally aware of the above.

Do you know what impact will it have on I-140? my labor is approved.

Also, Do you know if an infraction can ever be expunged? My attorney told me only misdemeanours are expugable. NOT infractions. What should I do?

Please let me know I am very concerned about this whole thing:eek:
 
212

Hi,
I just read this -
I guess the stamping means that you fall under the exception class - since your crime is not punishable more than 1 year.

Also i had a friend who was convicted with a misdemeanour case and declared that in his adjustment of status form and was still given a GC. So i guess you should be fine. But check with a good immigration attorney as they will be able to help you better.

Regards
Vathsan



INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY



Sec. 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:


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

(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).
 
Do mention about the conviction in I485 application without fail. I have a misdemeanor conviction and my I140 was approved and waiting for AOS. One question for you : Did you have any problems at POE?


-Ceejay
 
Hi Mania,

I am also in similar situation. Does that mean you got the stamping done succesfully in Delhi Embassy, except that they put the stamp of that exception? Could you please tell, when did you get this stamping done? Also please let us know if you faced any problems at Port of Entry.

I am eagerly waiting for your answers. It will be very useful for me and for many others.

I strongly believe that, Conviction for Misdemeanor itself will not adversly impact the GC process (except that one might need to face an interview etc. ) And conviction to an Infraction would never cause problem at all (in this case also perhaps interview may be inevitable). I have gone through many discussion boards and many people got their GCs after having one MIsdeamenor and also people who got it reduced to Infraction. So I hope we dont need to worry, except that we need to be careful enough while doing things like, sending for Visa Stamping and answering the questions in the applications etc.


Thanks a lot
 
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hi mania,

did you finally get a visa stamp in spite of your minor offense?

how serious an offense it will be in the eye of a consular officer at a third country consulate?

thanks,
 
If it is Misdemeanor, I dont think there will be any issue. At the most she might have an interview for I-485. Based on my research, first misdemeanor won't have an adverse impact. Normally if you have a good lawyer, he could have pleaded to reduce the conviction to an infraction. Infraction is something like traffic ticket. If your wife pleaded guilty for Misdemeanor and if the maximum sentence for that offense is not more than 1 year (not the sentence given), she should be fine.

Its better to be careful while traveling abroad.

Please keep posting your future developements in terms of H4 extension and in case your wife travelled abroad how was it at Port of Entry and 485 etc.

This is just based on my research in different websites.
 
Re: Shoplifting..

Originally posted by iam_mohan
Dear Friends:
My wife was charged with shoplifting, she was taken to the police station their she was taken photo and finger printing and released, received a summon after one week asking her to appear before the municipal court judge. She engaged an attorney and pleaded guilty, she was asked to pay a fine and let go and the attorney said since it is a first offense it is an ordinance and not to worry. She is on H-4 visa status. Now my company is applying for a GC for me, at the time of I-140/485 i need to include her in the GC application, will it adversely affect my GC processing and will she have any problem in getting her GC? I am so worried..Appreciate your help and advice.
Thanks
:confused:
Click to expand...

Both of your I-140s should be OK, and your I-485 (which is recommended in your situation now and not the consulate processing) should be fine too. However, she'll have to answer yes on one (arrest) or both (convicted) options on the form (consult your GC lawyer. Be open and discuss the matter with them. They are the experts)

In addition, she'll have to petition for a waiver (your immigration attorney will be able to assist) and considering you are the "principal" applicant and she's the "derivative", your application will be approved first (you still can/should apply together, however, yours will be approved first).

It is also recommended that you and your wife should write a statement each (or affidavits - your attorney should be able to assist). Yours should provide evidence that you, a U.S. permanent resident, will suffer extreme hardship if your wife is not granted a waiver and her status adjusted to permanent resident. Your hardship should cover two hardship scenarios: if you remain in the U.S. and your wife returns home, or if you both return home.

Your wife’s statement should demonstrate the nature of her offense; the circumstances which lead to the offense; whether her offense was an isolated incident or a pattern of misconduct; evidence of reformation or rehabilitation; the stability of her relationship to you, the anchor relative.

Hope this helps.
 
Re: Re: Re: Shoplifting..

Originally posted by JoeF
Care to explain why you claim that AOS is recommended in this situation?
Click to expand...
As you concurred, the prerogative to accept or dismiss the case lies with the presiding officer. In the case of an unfavorable outcome, my assumption is that the petitioner(s) will appeal before an immigration judge and it is easier, if not less painful, if they are [here] (seek first hand help/advise/attorney etc.)

…, I think that CP is less risky. Consular officers can only deny cases if there is fraud involved or any other of the grounds of inadmissibility apply (in these cases, the I-485 would get denied as well, anyway.)
Click to expand...
That qualifies for a perspective, not ‘less risky’. The case can be perceived by the immigration officer (here or abroad) as of moral turpitude qualifying as the grounds for inadmissibility.
 
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i have no idea why they put a 212(a)(2)(A)(i)(II) stamp on your visa.that is a ground of inadmissibility for drug use. shoplifting is not a CIMT as for as i know.so i would imagine you should be ok.

now i believe that shoplifting is not a CIMT under 212(a)(2)(A)(i) so i dont think your inadmissible under that charge but who knows i could be wrong.
 
sorry i dont know the law like you,but i have never seen 212(A)(2)(A)(II)(II) as a ground of inadmissiblity.and why would they annotate it on his visa?

just curious.thanks
 
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