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  1. M

    Criminal Law Arrest of Domestic violence and re-enter US

    My question is : 1. what is the impact on my re-enter US? Hold all court papers and relevant papers......If it comes you might be required to show it. Talk to an immigration lawyer in your area before leaving.........immigration law changes regularly. 2. Can the counselling be viewed as a...
  2. M

    Criminal Law Green Card and PBJ on CDS

    If you where fingerprinted it would come out during your background check even if there was a typo.........typos are common. What was the maximum possible jail time for your offense? You talked of multiple charges or what ? Give more details about each?
  3. M

    Overstay, Illegal Status Illegal needing advise

    Do you have the passport and I-94 you used to come to the US?
  4. M

    Criminal Law Grand Larceny Nolle Prosequi

    Just Google criminal and immigration lawyers in your town and state................get some numbers and call for free consultations............then chose an experienced one. You can even use yellow pages......
  5. M

    Criminal Law Help with shoplifting, please!

    1. Does she have to answer YES to on the arrest questions? If she was arrested then she should say yes………She has to honest about everything that happened cause they could require court papers and records. 2. When the immigration officer is reviewing my wife case how does she/he determine...
  6. M

    Criminal Law Grand Larceny Nolle Prosequi

    I strongly advice you not to leave the US under such circumstances......some people do and are lucky to get back in with no problems. Your offense does not meet the exception and would need your immigration lawyer to review it and see if the court papers were well structured to address...
  7. M

    Criminal Law Help with shoplifting, please!

    She would be fine because her offense meets the immigration exception. Just make her understand another offense could trigger deportation hearing......If she is traveling out of the US, she should hold all court papers related to this incident and double check with an immigration attorney before...
  8. M

    Criminal Law Grand Larceny Nolle Prosequi

    If you did a pre-trial program, that is an admission of guilt per immigration law. Once you are fingerprinted, the record cannot be erased from access by immigration and the FBI. It would be erased from the rest of the public……expunctions have no effect on immigration and you must admit to the...
  9. M

    Criminal Law Help with shoplifting, please!

    It would still be viewed by immigration law as a conviction. However, if the maximum jail time is not more than a year, she would qualify for the crime exception under immigration law. It is pretty much a one time exception for all practical purposes. So check and let me know the maximum...
  10. M

    Criminal Law Grand Larceny Nolle Prosequi

    Immigration law views pre-trial intervention as a form in which you admitted guilt and your statements to them would count against you….especially since it does not meet the exception. Yours case falls in a gray area and is very risky. You would face some problems…….I suggest you get your...
  11. M

    Naturalization, Citizenship Petit larceny, ACD and citizenship in NY

    Please post your questions in bullet or by numbering.........it make it easier to know if I have addressed all your concerns.
  12. M

    Naturalization, Citizenship Petit larceny, ACD and citizenship in NY

    Your lawyer can try...........some DAs don't like to change names of charges due to the guidelines.........Some counties do depending on the circumstance.
  13. M

    Naturalization, Citizenship Petit larceny, ACD and citizenship in NY

    If both charges are a result of a single incident, it could be considered as a single CIMT if both meet the exception. The Board of immigration and Supreme Court had ruled on such cases. I would guess the DA is trying to throw the book at you so you cut a deal fast. It is normal, so don't...
  14. M

    Naturalization, Citizenship Petit larceny, ACD and citizenship in NY

    You are not deportable since it meets the exception. Once an offense meets the exception, it is like nothing ever happened and so you are still eligible to benefit from all immigration benefits like the crime never happened. You are okay.........Just make sure it never happens. You are fine...
  15. M

    Naturalization, Citizenship Petit larceny, ACD and citizenship in NY

    Know it would be viewed as a conviction under immigration law. Your conviction meets the petit offense exception so it would not affect your traveling in and out after completing all the courts requirements. Yes, your plea can be changed if you have not agreed it by signing on it. You would just...
  16. M

    Permanent Residency remove of residence conditions

    Did you inform immigration that your where divorced before you where denied? Did you use a lawyer or have you an immigration lawyer on this case? Your situation is difficult and there is no one size fit all for everyone in your situation. You need to consult an immigration lawyer...
  17. M

    Naturalization, Citizenship Does Infraction (Petty Theft) Denies US Citizenship?

    Yes, theft is considered a CIMT. It would affect your application. The plea deal must meet the petit offense exception in order not to lead to deportation or inadmissibility. If it meets this exception, then you would be better served waiting for five years from the disposition of the case to...
  18. M

    Criminal Law disorderly conduct and green card/H1B extention

    You just need to hold all relevant papers from the court and disposition documents. Even when you seal it, it would still be visible to immigration when they check. Sealing or expunctions don't work with immigration....They have access to all records all the time. So, don't worry much about...
  19. M

    Criminal Law Grand Larceny Nolle Prosequi

    What was the maximum possible jail time for your offense? That would determine if it meets the petit crime exception under immigration law. If it does, it would not affect you on re-entry but you would have to have all relevant court papers....Let me know........
  20. M

    Naturalization, Citizenship Petit larceny, ACD and citizenship in NY

    I would post your reponse later..........Network problems here.....
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