Criminal Law Charged with petit larceny, case dismissed as ACD given, will the arrest cause proble

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lynn

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I was charged with petit larceny with 2 items about $70. Since I have no criminal history and being a student, the DA give me ACD after I finished the 40Hrs community service. The case should be therefore sealed and dismissed after 6 months.
The school legal service attorney was telling me ACD means that the case and Finger Print would be sealed and it's like it never happened. But he doesn't have immigration backgruond.
I'm a international student and planned to visit my family during break. Petit larceny is considered CIMT and could result in F1 visa application denial. Some post I read said that immigration law is different and immigration official view ACD as conviction or admission to charge. So will I be rejected for F1 or re-entry at the port? Will they see the detail o case?
NY State law clearly said that ACD is not a conviction but immigration law is different so will the immigration official respect the ACD and considered me as " not convicted a crime"?
Some people said all criminal record ( including sealed one) will be forwarded from FBI to Immigration Bureau so VO would see that when they view my application, is that true?
Or they could only find my arrest record so I should come up with an appropriate explanation to avoid visa denial due to CIMT conviction?
 
ACD is not sealed its a ruling meaning your case was "dismissed". you need to talk to an immigration Attorney on how if at all this impacts your VISA
 
I was charged with petit larceny with 2 items about $70. Since I have no criminal history and being a student, the DA give me ACD after I finished the 40Hrs community service. The case should be therefore sealed and dismissed after 6 months.
The school legal service attorney was telling me ACD means that the case and Finger Print would be sealed and it's like it never happened. But he doesn't have immigration backgruond.
I'm a international student and planned to visit my family during break. Petit larceny is considered CIMT and could result in F1 visa application denial. Some post I read said that immigration law is different and immigration official view ACD as conviction or admission to charge. So will I be rejected for F1 or re-entry at the port? Will they see the detail o case?
NY State law clearly said that ACD is not a conviction but immigration law is different so will the immigration official respect the ACD and considered me as " not convicted a crime"?
Some people said all criminal record ( including sealed one) will be forwarded from FBI to Immigration Bureau so VO would see that when they view my application, is that true?
Or they could only find my arrest record so I should come up with an appropriate explanation to avoid visa denial due to CIMT conviction?

Usually, any arrest (and or conviction) means your fingerprints, mugshot, and arrest details are visible to ALL law enforcement officials.

That includes immigration.

You might want to speak with an immigration attorney or contact someone at immigration and discuss your case.

Only immigration can provide you with a definitive answer, but that doesn't mean you won't be denied reentry.

That is up to the officer at the port of entry.

In the end, it might even end up in the hands of an immigration judge.

But, this may bring you trouble, even if you don't leave the USA.

The authorities will eventually find out (if they already don't know) that you broke our laws by STEALING.

You are a guest in this country.

Yet, you decided to break our laws and STEAL.

Frankly, I hope they boot a bum like you.

We have enough home grown thieves without IMPORTING more thieves and scum......
 
Hi,

I figure you've resolved this by now, but I still share me experience just in case it's of any help. Three years ago I was arrested for Petit Larceny (~$60) and I received an ACD. At that time, I was actually in the final stages for my green card - I literally had the fingerprinting for my GC the following week. Because I did not have permanent status yet, and was so close to getting it, I was terrified. By all means terrified. I was arrested in June and in October I had my interview for my GC. You have to understand that USCIS is the fed -- they have access to everything and anything. So obviously, when I got there for my interview, the interviewer pops the question, "I see you were arrested..." And that's sort of when shit hits the fan. At that point, you're immigration status is basically in the hands of your interviewer. They can approve you or depot you. It's sort of like "shit, I really hope they woke up on the right side of the bed today."

Shit gets real.

My interviewer said that she couldn't approve me application immediately because she needed additional court documentation. I got her the necessary documentation and delivered it to her, and she told me to my face that everything was fine. Lo and behold, she took my file and shoved it in a stack headed to the national archives in butt-fuck egypt.

Anyways, six months later, no GC. I was worried. I called USCIS and asked about my case, they told me it had been archived and would reinstate my file. A few months later, in August, they set me up with another interview. Again, I was asked about the arrest. I was fortunate enough that my interviewer was somewhat sympathetic (and I happen to go to a really good school with her daughter's best friend). So I guess that little connection helped.

So she approved my application and two weeks later, MY GC IN THE MAIL! Yeah I was the happiest camper around. But I also knew how close I'd come to ruining myself and bringing shame on my family. So good God I was glad, but wow did I learn my lesson. There is nothing so painful and absolutely terrifying as being arrested and treated as a common criminal.

Don't ever do what you did again. Don't break the law in any way. You can still be deported even as a permanent resident. On a student visa, you're situation is shitty, very shitty. I'm sorry but that's the reality of it. I would err on the side of giving up hope because USCIS is an asshole. Unless you go to Harvard and have the cure for cancer, your chances are slim - sorry.
 
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