In other words, if she admits that she did shoplift, she is considered convicted automatically by the USCIS?
And also she will be without the benefits of the normal court procedure when it comes to being represented by a lawyer and the ability to plea bargain?
"Since you were not charged or convicted, you should check the shoplifting laws. If the maximum possible sentence for the offense is a year or less, you may be given a visa under the petty offense exception."
Husty,
Since she was not charged and therefore is not convicted of a crime at...
If it was a charge only without a conviction, that shouldn't have any immigration consequences.
But you would have to disclose it even if it has been expunged.
"If already are in status you are deportable (or removable as they say nowadays) if you have been convicted of a crime of moral turpitude within 5 years of admission and convicted for a crime with a possible sentence of more than 1 year in jail."
I think it should be "1 year or more" and...
You definitely should retain a lawyer.
Your number priority is to avoid a conviction if possible through some kind of a pre-trial diversion program. Consult with your lawyer to see one is available in Troy.
Second, if that is not an option, if the maximum sentence of your shopilifting...
I was arrested and charged with 484 petty theft recently.
The latest offer from the prosecutor is to drop the 484 charge to a trespass charge and to impose a 18-months summary probation and some fines.
Questions:
1. There are a number of trespass charges in CA. Can anyone tell me which...