Criminal Law DESPERATE 4 HELP: shoplifting and H1-B

[urbangurl88]

Dear Sir/Ma'am,

I am in desperate need of your help.

I was arrested a week ago (April 12th) for shoplifting approx $130.00 worth of goods at Urban Outfitters. I received a Desk Appearance Ticket for May 9th. I am currently in the US under an H1-B visa. I am in the process of applying for a green card. I am not sure exactly at what stage my green card application is right now but I only paid my first attorney fee around 2 months ago. My first newspapaer ad (for PERM requirements) ran on Sunday, April 16th and the next one will run on April 23rd.

I am truly remorseful of what happened but UTTERLY TERRIFIED. From what I have read in this site, it's best if I consult with an immigration lawyer well versed in criminal law as well.

Could you kindly refer me a good immigration attorney located in Manhattan, NYC who also specializes in criminal law?

I would truly truly appreciate any help you may extend.

Sincerely,
urbangurl88

 

[aTadConcerned]

I'm sorry to gatecrash this thread but I also need help regarding shoplifting and H1B visa. I have been offered a job in the US and am in the process of filling out my applcation forms.


I was arrested about 5 years ago in the UK for petty theft - about $10 worth of goods. I was arrested, cautioned and released. There was no conviction.

I have been to the US on vacation since then. The visa-waiver form asked if I had ever been arrested for "a crime of moral turpitude". I answered NO because frankly I didn't know what that meant (although I had a rough idea), and I did not imagine that petty theft would fall into that category.

I am now horrified to discover that not only could this extremely minor offense render me inadmissible for an H1B visa, but that I have since lied to an immigration officer!

What should I do? If I am honest on the DS-156 and I admit to having been arrested, then they'll know I lied on the visa waiver! Have I completely screwed myself up here? I do not want to lie.

I have seen many people here say that shoplifting is inadmissible unless there is an exception (ie. maximum possible jail sentence is less than 1yr). What I'd like to know is - whose law determines the maximum sentence? Federal law, state law, or the law in the country where the offense was committed (the UK)? What would be the average maximum sentence for petty theft of $10?


I was also arrested 10 years ago (again in the UK) for DUI. This DID lead to a conviction, and a driving ban of 18 months. Would this affect my chances also?

 

[Husty]

That answer to the question could come back to hunt you. You just entered a very dark and difficult area of immigration law related to misrepresentation of material facts. You "could" be ok, but a misrepresentation was made and USCIS does not like that.
You should consult with an immigration attorney in order to obtain precise answers to your questions. This is NOT legal advice, consult with an attorney if you require legal representation and help.

 

[2511]

Failure To Mark Yes To Cmt On I 485

I am in a fix as i never realized before what CMT means and what can be the cosequences

I am on NIW ( NATIONAL INTREST WAVIER) AND MY 5 YRS WILL BE completed injuly . i have my 140 approved in nov 2003 and had I 485 pending with CIS since JAN /04 .

IN 1998 when i was on J-1 was caught shop lifting worth of $20 stuff for which i was called to the court i pleded not guilty and latter contacted lawyer who asked me to do audio course rehabilitative course for shoplifting which i completed. on the f/u date in the court he presented that to the court and the case was dismissed . the lawyer told me that i dont have to worry about it any more and it will not be on my records.
as far as i remember the charge was for misdemanour class.B .

Except that I HAD NO OTHER RECORDS or no prvious or current history of any arrest or charge.

Also i have had sucessfully got My h-1b once stamped from US counsalate in mexico and then latter revalidated in US. I have also approved EAD and AP and had no problem in getting it approved even recently.

TO THE Question of criminal convictions i have always said no on my visa application and hadnt had any problems.Frankly i never knew before what CMT are.

Also on my I 485 i ans NO to the Questions regarding criminal history/arest and CMT.

I had my fingerprinting done in oct 2005 for my I 485.

In july my case will be up for review of AOS to GC as i would have completed my NIW comittment.

I know i do qualify for PETTY THEFT EXCEPTION but can i tell the INS now about my honest mistake of not knowing that even it was dismissed i still need to let them know on my application of it .

is there a way of doing it know before INS finds out and if i do it what are ramifications , will i still be chrged with misrepresenting the facts, or giving the correct information now will be equal to telling the truth .

Also since i had no problems with travelling abroad and getting my visas and EADs and APs
in the past doest it mean that my backgroud check and fingerprinting checks have been coming clear with INS and probably there is no record of it and thus will come clear now too,

Please let me know.