traveling aboard next month with criminal conviction...will I be detained?

H

huijia

Registered Users (C)
Hi, I would really like your help in this matter...

I was charged with grand larceny (shoplifting) back in 2002 and later

was reduced to misdemeanor with 10day jail sentence as my plea bargain.

This was my first and only offense since I came to the country in 1997. I got

married in 2004 to US citizen and just last month (June 2008) received my

greed card (I fully disclosed all the information at my interview and provided

all the required documentation). Since I haven't been back to my country for

11 years, I decided to go back visit next month. But I am scared that once I

come back and go through the custom, they will find out about my record

and I could possibily be sending back to my home country. I don't know what

to do and my husband is also very concerned. Can some one with this area of

knowledge please give me some helpful advice?

Since USCIS already knows about my offense and still grant me

green card, will the possible deportation apply? Or will it affect me when it is

time to either renew or apply for citizenship? If so, what should I do?

Please help me, millions of thanks…

Huijia
 
You will be fine as long as you have disclosed the incident during your Green Card application. Assume, this was the only incident that you had as far as immigration status concern.

I can certainlly understand your concern. By all means, enjoy your up coming visit.
 
huijia said:
Hi, I would really like your help in this matter...

I was charged with grand larceny (shoplifting) back in 2002 and later

was reduced to misdemeanor with 10day jail sentence as my plea bargain.

This was my first and only offense since I came to the country in 1997. I got

married in 2004 to US citizen and just last month (June 2008) received my

greed card (I fully disclosed all the information at my interview and provided

all the required documentation). Since I haven't been back to my country for

11 years, I decided to go back visit next month. But I am scared that once I

come back and go through the custom, they will find out about my record

and I could possibily be sending back to my home country. I don't know what

to do and my husband is also very concerned. Can some one with this area of

knowledge please give me some helpful advice?

Since USCIS already knows about my offense and still grant me

green card, will the possible deportation apply? Or will it affect me when it is

time to either renew or apply for citizenship? If so, what should I do?

Please help me, millions of thanks…

Huijia
Click to expand...

You are okay, If there was any problem USCIS would not approve you for the GC, Go and enjoy your trip.
 
Thanks. So whatever is happening to those people who has had their green card for decades with old arrest similar to mine? why are they now having trouble for reentry? Wouldn't I be in the same situation? I think my offense does fall under CIMT. Or because I got my green card approved after the incident and USCIS knows all about it so I shouldn't have to worry?
 
There are different circumstances behind every individual cases. In general, the ones who has potential troubles are those has committed crimes that meets the "inadmmisibility" under immmigration laws. Most of those are defined as "CIMT" under immigration statue. It is rather complicated issue in terms detain green card holder(s) at POE. News and public perception were often misleading becasue many detail and facts surrounding the cases were unkown or unreported.

Simply put, if there is no active warrant for your arrest either from ICE or any other law inforcement agency, or you don't have any pending NTA from USCIS, then you are fine.
 
u could have a problem. a theft is seen as a potential possibility of jail time of atleast a year. consult ur lawyer first.
 
You are fine. There will be no issue at reentry. They will not even ask you anything. They will just scan your Green Card and welcome you in. Do not worry.
MGM
 
So far I consulted with 2 lawyers and got 2 totally different answers. one told me I will be fine and the other told me that if I leave then there will be no return. I don't know what to do and who to believe.

My case is:

Grand larceny (shopliefting,2002) reduced to petty larceny (misdemeanor) in Virginia
12 month probation
180 days with 160 days suspended (actually served 20 days)
One and ONLY time !!!!

Can someone please let me know? I am really confused!!! My parents are expecting me next month.... :(
 
First of all, if you have your I-485 approved after the conviction and ICE looked at your criminal record and it showed the conviction then you should be fine, no doubt about it. However, if you had not disclosed the conviction during the adjustment process and somehow (very unlikely) it did not appear in your criminal record check at that time, then it could be a different story. From what you mentioned in this thread, I am quite convinced that you have nothing to worry about. Did you ask the attorney who said that if you leave the country you will not be able to return again, why he thinks so. I do not see any legal basis for him to say that. They can not just give you their opinion without going over the legal premise under which they are forming the opinion. You should ask them for an explanation. On the other hand, if he did indeed give you an explanation then please let us know so that we can discuss it here. Good Luck.
MGM
 
I am going to meet the attoney who told me that I will not be able to return on Thursday, and I will have update then. He formed his opinion after he read my court disposition (but so did the other attoney). I fully disclosed everything during my green card process. The attoney who told me that I will be fine said that I will be qualify under petty offence exception. I don't know if because I was originally charged as felony (which show on my court disposition) that's why 2 attoneys have different opinion.
 
I also have another question. My understanding of the petty offense exemption is for charge that occured only one time with max poosible sentence of 1 year or less and actual sentence of 6 month of less. Now since I got 12 month probation and 180 days (160 days suspendes), are those the max possible sentence for my particular case? Or they are talking about the max possible sentence for my case in Virginia by law?
 
huijia said:
I also have another question. My understanding of the petty offense exemption is for charge that occured only one time with max poosible sentence of 1 year or less and actual sentence of 6 month of less. Now since I got 12 month probation and 180 days (160 days suspendes), are those the max possible sentence for my particular case? Or they are talking about the max possible sentence for my case in Virginia by law?
Click to expand...

Under the petty offence exception you have to consider the maximum possible sentence for the crime that you pleaded guilty to. Not the one that you were initially charged with. I am pretty sure that the IO did consider these things when he/she interviewed you and found you eligible for the petty offence exception. That is why he/she approved your case and did not process you for removal. When you talk to your attorney make sure that you ask him why he does not think that you qualify for petty offence exception and does he belive that there was an error on the IOs part in approving your case. Good Luck.
MGM
 
I would not go abroad without consulting some very experienced lawyers. As tough as the USCIS have been lately with both legal and illegal immigrants, I would not risk going to your country. Good luck.
 
I spoke with the attoney who advised me not to go abord this morning. He told me that in the eye of immigration, 12 month probation equals to 12 month incaceration. therefore, I will not be able to return. Can any one give me some insight? I am desperate!! Don't know what to do!!!!
 
huijia said:
I spoke with the attoney who advised me not to go abord this morning. He told me that in the eye of immigration, 12 month probation equals to 12 month incaceration. therefore, I will not be able to return. Can any one give me some insight? I am desperate!! Don't know what to do!!!!
Click to expand...

I think that your immigration attorney is not very well conversed with the immigration consequences of criminal offences. I think your first attorney was right. If 12 months probation was equivalent to 12 months imprisonment then they would have placed you in removal proceedings instead of approving your I-485. Then again, the above is my take on this. I am not an immigration attorney and you better form your own opinion by consulting a really good immigration attorney with expertise in these lines.
mgm
 
huijia said:
Thanks. So whatever is happening to those people who has had their green card for decades with old arrest similar to mine? why are they now having trouble for reentry? Wouldn't I be in the same situation? I think my offense does fall under CIMT. Or because I got my green card approved after the incident and USCIS knows all about it so I shouldn't have to worry?
Click to expand...

People who are having trouble decades after they got their green card are either those for whom the crime happened after they received their green cards or those who did not truthfully dicolse their crimes in their I-485 application.
MGM
 
Here is the attachment my attorney send me regard my concern

It is from Texas Judiciary Online: A"term of imprisonment" does include probation, however. if an alien who is convicted a theft offence is punished by a term of imprisonment of one year or more, he is to be considered a aggravated felon. Aggravated felon is subjected to mandatory deportation.

So, does this translate as my 12 month probation equals 12 month imprisonment for me and I will not qualify for the petty offense exception?
 
Well based on Texas law, your attorney may have a point. I would encourage you to read the actual law regarding this. The one quoted here does not seem to be the exact copy since it has some grammatical error. Also why not let us know exactly under what Criminal code you have been convicted. Your court paper must have the act number under which you pleaded guilty to.
MGM
 
the crime I plead guilty to is code 18.2.96 in Virginia, which mean petty larceny=misdemeanor
 
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