Criminal Law green card and criminal record

[curiousmist]

Dear Sir/Madam,
I'd like to consult with you about beginning my green card process.
My fiance and I plan to marry soon. I'm on F1 status, he is a US citizen and we are planning on starting the application as soon as we marry.

4 years ago, while a sophmore in college, I was charged with a larceny over $250 in Massachusets. The police report given by the sales person was by large exaggerated and this is why it resulted in larceny charges. In addition, the evidence pertinent to my innocence were not reported by the sales person, so the police report ended up looking bad.
I pleaded not guilty, the charges were dropped and the case was
dismissed (I did have to perform 50 hrs of community service). I would like to know if this can negatively affect my green card application.

I would also like to know if I can expunge my police record in Boston since I am fearing that it might affect my green-card application. Should I do this?

Please let me know what you suggest.
Also, do you know how long in the applicaiton process does it take take before I would be able to travel?

I should mentioned that my fiance has been a professional student (PhD) for the past two years, and, having read about the 125% above the poverty-line requirement, I believe that he fulfills the requirement for the past two years but I'm not sure if he fulfils it for the third year in the past as he was just working part time then. I have a PhD appointmentship now and can also
support myself.

Thank you,
Sincerely.
cmist

 

[NYClex]

if the charges were dropped and the case dismissed you are in the clear. Usually a conviction for theft, which is a crime of moral turpitude, would result in inadmissibility to the United States. But then you would not have gotten a F-Visa either.

But prepare to be asked about that when you have your interview for the green card.

 

[curiousmist]

Thanks NYClex,
Would this be an individual interview or would it be together with my husband?
What do you think the best way to prepare for the interview is? Is there a certain something I should make sure to say?
thanks,
cmist

 

[NYClex]

it usually is with your husband. It always is important to tell the truth. INS officers hate nothing more than being lied to, and often they have more information than you know and catch people in lies.

Just be truthful, have your paperwork ready from which they can see that the case was dismissed without conviction. The key word here are conviction and "plead not guilty." As long as it is like you said, you plead not guilty and the case was dismissed things should be OK.

If in doubt, you should consult an immigration attorney about this. Even if there was a conviction there still is the possibility of qualifying for the exemption, if the maximum possible sentence for this crime was 1 year or less. To evaluate this one would have to know the statute and section under which the crime was charged.