Shoplifting

M

magi

New Member
Hi,
can any one help me in clarifying my questions and make breath smoothly, I was arrested for shoplifting couple of months back, it was a mistake, but the judge decided not to procecute and entered status as Nolle(No prosecution), that means they have accepted to drop the case because of lack of evidence. I am living here on H1, my I-140 is under process, with the new immigration rules I can file my I-485, here is the problem, since I have to answer that I have arrested, since the case was dropped without any conviction will this effect any of my green card processing, or any of further H1 extentions.
if you get a chance can you please answer to this...
thanks in advance for your help...
 
Don't worry...Relax.

There is no problem if you are not convicted. If the crime is of Moral Torpitude INS will deport you. And in your case, there is no problem.

Please contact your lawyer of how to answer that question...

Relax....nothing to worry
 
INS can reject if the Crime is of Moral Torpitude ( intent of harming any one). I don't know when u were arrested u were arrested as a Misdemeanor or a Feloni.

3 or more than 3 Misdemeanors or one Feloni conviction is a problem with INS. So, one Misdemeanor is not a problem.

I am not a lawyer, so don't arrive to any conclusions, but If I were you I wouldn't bother.

Just Relax, and don't get into trouble again. There are lots of ways to enjoy life. Small mischief like this will drive us into anxiety and depression.

There is help on the internet, do research and enjoy life.....
 
Oh thank you very much again Jagan, I like it, I got arrested in the middle of May'02 and the case was dropped in July, it is a misdemeanor. judge decided to Nolle it, that means It will be on my records for 13 months, if I don't get into any troubles during this 13 months the record will go away. since the arrest is arrest, I was little concerned about it in my green card processing.

thanks a lot Jagan.
 
hi magi, i have the sam prob here it would be great if you could help me too....

what does an arrest mean technically, thatthe police handcuf you ?

when you wee caught what exactly did the police do , did they give you some paper work saying you are charged ?

what happened at the store, did you agree there that you shoplifted ? did you have to sign paper work in the store or did you deny that you shoplifted, pl help i had accepted at the store.

Pl answer these questions for me...
do you have an idea what is the max possible sentence in maryland for this
 
my email is ritu123kapoor123@hotmail.com. In case you want to write to me in detail........
I would really apprecite that as that would relieve me a lot...........
when did you file your papers.......?
Pl let me know the results for sure..
I am sure you should be oK.

what state are you in ? dod oyu know what is the max possible sentence for this in your state, theft less than $500 ?
 
CWOF Conviction for INS

On February 2002 while visiting a department store in MA my wife and I made a stupid mistake of taking some items from the store which we will regret for the rest of our life.The total of items was over $250.

We were arrested by police and finger print. We were given a bail on same day for $ 25 each and taking cash as surety of $100 for bail.We appeared in the court with our criminal lawyer , we were charged for "over $250 larceny "but court gave us sentence of "sufficient facts found but continued without guilty finding untill 12/19/02" and told to complete a shoplifting program.

We completed that shoplifting program. Now as my labour is approved we need to file I-140 and I -485.

My immigriation lawyer says I have a problem because admitting sufficients facts is conviction according to Section 101 (a) (48).

According to MA laws CWOF sentence is not conviction but for immigration purpose its a conviction.

I don't know what should I do please advice.
 
This is what I Know ..

Its hard to say , but u have a problem. Nolo Contest means waive the punishment , but guilty.

And sorry to say this , Shoplifting is a Crime of Moral Turpitude ( It means Crime with Intent , its not mean Crime to Harm anyone).

The problem gets bigger , if the State u arrested have maximum punishment for this crime for more than one year Sentence, then Its a deportable offense. And Thats all matters according to the Immigration Law. It doesn't matter that u actually served the sentence , but it matters the Maximum punishment that can be given to that Crime in that particualr state u have arrested.

I don't know whats the remedy but I suggest you take to Greg Siskind at www.visalaw.com. He is the only man that can analyze and tell u what will be the outcome.

Find out for Sure that u were not convicted , it means the Judge entered Not Guilty . Not Nolo Contendre . Then U are OK ..

Good luck man ...
 
Originally posted by jagan0007
INS can reject if the Crime is of Moral Torpitude ( intent of harming any one). I don't know when u were arrested u were arrested as a Misdemeanor or a Feloni.

3 or more than 3 Misdemeanors or one Feloni conviction is a problem with INS. So, one Misdemeanor is not a problem.

I am not a lawyer, so don't arrive to any conclusions, but If I were you I wouldn't bother.

Just Relax, and don't get into trouble again. There are lots of ways to enjoy life. Small mischief like this will drive us into anxiety and depression.

There is help on the internet, do research and enjoy life.....
Click to expand...

But according to INA: ACT 212,

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

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).

For retail theft less than $100, it might be Moral Torpitude, but will INS denies the applicant?

Thanks,
 
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