Criminal Law Misdemeanor Theft

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ndhlp

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Hello
Few years ago I was charged with Theft 1. Accepted an offer from district attorney to plea guilty to Theft 2, a class A Misdemeanor, in exchange for dismissal of the Theft 1 charge, consequently, I was charged with class A misdemeanor (Theft 2), I had to pay a $260 fine and 2 year probation – with no Jail time. I expunged the case a year ago.
The maximum possible penalty for theft 2 is one year.

My parents applied for me several years ago for Green Card and lately I received a letter that my application is in process. I know that expungement doesn't work in Immigration issues. And I should have all the paper work in the case and the disposition for the interview.

My URGENT questions are.

1) Would the original charge of Theft 1 and accepting the Plea offer – affect my case in the immigration.
2) In the "Application for Immigrant" form – what should I answer (YES, or NO) for Question 30 part b. (An alien convicted of, or who admits having committed, a crime involving moral turpitude, or violation of any law relating to a controlled substances …… in the past five years; who has been convicted of 2 or more offences … ) this part is too long and involve many crimes and I don't know if my situation falls there – I don't want to give any false answer.
3) I understand that theft 2 would qualify for "petty Offense" – is it in the rules – or it depends on the counselor I am meeting because I have to do the interview in the Embassy in my home country and I am very worried.

Need you help please as soon as possible
Thanks
 
No - I have only one conviction and it is misdemeanor Theft 2 - and I had to pay fine and 2 years probation - this case was expunged last year - However, I know that expungement doesn't apply to immigration purposes. The maximum possible penulty for the conviction is one year.

Please answer my questions mentioned on my original msg.
thank you
 
1) Would the original charge of Theft 1 and accepting the Plea offer – affect my case in the immigration.
------------Yes
2) In the "Application for Immigrant" form – what should I answer (YES, or NO) for Question 30 part b. (An alien convicted of, or who admits having committed, a crime involving moral turpitude, or violation of any law relating to a controlled substances …… in the past five years; who has been convicted of 2 or more offences … ) this part is too long and involve many crimes and I don't know if my situation falls there – I don't want to give any false answer.
-------You say yes and honest about it.
3) I understand that theft 2 would qualify for "petty Offense" – is it in the rules – or it depends on the counselor I am meeting because I have to do the interview in the Embassy in my home country and I am very worried.
------- Since the maximum penalty for theft one does not meet the petty crime exception, it could cause you problems. It would be at the discretion of the consular officer or it might require a waiver. Just be honest about it. Pleading guilty to a lesser charge does not make you innocent of a higher charge in the original charge. Immigration has discretion over such and can request a waiver.
 
Sorry for the late reply......
 
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