Criminal Law disorderly conduct and green card/H1B extention

[Norushka]

Hi there, I'll try to make the long story short:
I'm on work (H1B) visa and have plans to apply for a green card.
I was arrested for theft and plead guilty to disorderly conduct, completed 6 days of community service and paid $95 fee. My lawyer tried to vacate my disorderly conduct conviction & get ACD in its place, however since my felony arrest was reduced to a misdemeanor at filing because of the amount ($1099) being at the threshold of a felony and I've been given a break by receiving a non-theft related charge (disorderly conduct) DA's office refused to vacate my plea to the infraction. I know that infraction SHOULD NOT cause deportation or any other immigration issue and the conviction will only appear on my record for six months, BUT FIRST: I'll have to go abroad to extend H1B visa and SECOND: I'm applying for a green card and I have a problem, with the fact that my record will say that I was arrested for theft and that the case was sealed (I'm not a theft, I 'm a fashion victim)
Does anybody know if I'll be able to extend my H1B visa and if I'll be able to how the record of arrest will effect my chances of getting a permanent residence?
THANKS A BUNCH IN ADVANCE.
Norushka

 

[mafioso]

I don't want to rush the answer to you............Let's see if you might have chances to overcome this.......
1-What was the maximum possible jail time for your offense?
2-Did you admit to the theft in your statements to the cops?
3-Was you plea reviewed by an immigration lawyer?
4-Are there tapes or police statements which were used as evidence against you?
5-How long had you lived in the US before the arrest day?
The thing is your offense is a felony and does not meet the petty crime exception. So it could make you inadmissible and leading to refusal of GC and initiating deportation hearings or denial of future entry into the US. Some of these questions could be helpful in seeing if there a chance around like waivers or more…………….

 

[Norushka]

Mafioso,
thank you the quick response.
1. I don't know, but it is over a year.
2.I did not admit to the theft in my statements to the cops.
3.My plea was not reviewed by immigration lawyer, but here is what immigration lawer said about it ( I DO NOT TRUST THIS LAWYER):
The sealing of the disorderly conduct conviction is of no consequence because there will be no immigration consequences with the conviction as it relates to the green card. Disorderly conduct is not a CIMT [crime involving moral turpitude] and does not trigger deportation. However, I would advise against applying for naturalization until 5 years of elapsed after the conviction because in order to naturalize the applicant must demonstrate 5 years of good moral character. The conviction would not necessarily trigger a negative discretionary denial but it could.
Thus, the immigration lawyer says that the disorderly conduct won't get me deported or affect my green card( he thought I'd already had one).
4. No. there are no tapes and no police statements that were used against me.(The store might have some a video tape)However my lawyer said that I HAD TO PLEA GUILTY to Disorderly Conduct as it was 1 time offer and If I had turned it down it would not be offered again.
5. I've been going out of the country and coming back since Summer 2003.
So total time spent in the country is about 3,5 years.
What you 're saying is that even though the charges were lowered to disorderly conduct I have all chances to be deported or not allowed back in if I travel outside? OK. Does anyone know easy and painless way to kill yourself? All advices will be highly appreciated.

 

[mafioso]

Based on your last post, I feel better about your situation. Your lawyer is right about the fact that a well structured plea would be good enough. The condition is it must be well structured to avoid any unintended immigration consequences.......Given he is a lawyer, hopefully a good, you would be okay. But know to immigration, expunctions of convictions, or sealed records and plea deals are considered convictions........So just admit to it as convictions on any immigrations forms.

 

[Norushka]

Thank you so much for the answers.
I have last question. I have an emergency and need to go back to my home country for a week. Would it be safe for me to go out of the country now, when the case has not been sealed yet. My visa and work permit are still valid. Is there a possibility that the I'll have problems on the way back while crossing the border?

 

[mafioso]

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 that... If you are done with all the court requirements, sealing does not change much on re-entry.