Trespassing charge 7 years ago - need advice

[lnkg4info]

I came to US on F1.
In 1998 when I was student in VA - I unfortunately was charged incorrectly with shoplifting(may-98) in VA - this charge was later modified to trespassing (may-98) - the judge heard the case and based on my good student record simply asked me to come back after 6 months - After 6 months since I did not have any other problems - case was dismissed (no jail or sentence, no finegrprints or anything - i only had to pay $50 court fees) (Jan-99) - I since moved to Ca and have been working for same employer for past 7 years - I do not even have a traffic violation since - In fact I have two jobs - one in hi-tech and other as professor.

Now this month I am going to apply for citizenship (i got my H1 and GC through same employer) - I do not understand if I should mark "yes" to question on "Have you ever been convicted of any crime). One thing to add is that I did not think it was required to declare this when I was filing my 485 (in 2000) as well.
I am married with kids (born in US) - my wife will also be applyign with me
Should I have an immigration attorney handle my case -
Please advice

 

[dw2005]

Conviction means you have been found guilty for the crime charged by a jury or by a judge. If the tresspassing charge was dismissed and you were never found guilty by a jury or judge then the answer is "no" to the question "Have you ever been convicted of any crime?" There maybe a question asking "if you were ever charged for any crime?" Then the answer should be "yes". If you were never convicted, then I think there is nothing to worry about.

For your I-485, I do not know the questions on your application form when you applied, so I cannot tell if you should have answered "yes" to the question(s). If you should have but you did not, then there will be serious consequences since you lied on your I-485. You'd better consult a good attorney.

Either way, since your situation is more complicated than most other people, it will be safer for you to at least consult an attorney before you send any new applications.

I am not an attorney or expert in the field. The above is just my thoughts.

 

[lnkg4info]

Thank you for the information - How can i find good immigaration lawyer in CA? Please advice with any recommendations - also how does background check work -do they automatically check in all states we have lived in?

 

[dw2005]

I don't live in CA, so I don't know a lot about attorneys in CA. But there is a very famous one in LA, Carl Shusterman (shusterman.com). He is very well known in the field but is very expensive. Just to have a 30 min phone consultation with him costs $395. But I heard he is very effective in many matters. You can ask other people in CA for attorney information. Or you may find an attorney referal hotline.

About background check. Both your fingerprint and name will be checked in FBI's database. If you were arrested for your previous charge, they will have your FP in their database. Even if you were not arrested, you should tell the truth in your application. If you lie, even if you get your citizenship, it can be stripped later. Mr. Shusterman's web site had a paragraph about this issue. Check his monthly e-mail newsletter archive. i think it was in the issue from the early part of this year.