Criminal Law Petty Theft & I-751

[Milka]

I have a petty theft charge, I dont know what's going on, because my court date is next week., I hire a Lawyer. My question: I am conditional permanet resident, Next year I will do my change of status, This charge affect my status for to apply at I-751??? I have to said in the application about that charge.. the INS can denied my petition???
please help me!!
thanks

 

[NYClex]

absolutely. Theft is a crime of moral turpitude and aliens committing these kinds of crimes are deportable and inadmissible. There is one exception under the law which has been discussed here many many times, have a look in this section and talk with your attorney about it.

 

[Milka]

Nyclex: Even if the theft is a missdamenor??? the INS can denied my renewal greencard? if the court give a dissmes ?? so.. I have any chance to have my permanence here? My lawyer told me this petty theft can not affect my status. This is trhu?
thanks

 

[NYClex]

Since you already have an attorney, he should be able to advise you on that. What he probably told you is that in your specific case you qualify for the exceptions and therefore your petty theft conviction does not affect your immigration status.

But this can not generally be said for all cases. I am not quite sure what your current immigration status is, but this is the law:

Any kind of theft is a crime of moral turpitude.

If you are not yet in a permanent status you might be "inadmissible" if concicted for a crime of moral turpitude if this is the second conviction or if the conviction is for a crime that carries a maximum sentence of one year or more and you have been convicted to more than 6 months in jail.

If already are in status you are deportable (or removable as they say nowadays) if you have been convicted of a crime of moral turpitude within 5 years of admission and convicted for a crime with a possible sentence of more than 1 year in jail.

Petty theft mostly carries less than a year as a penalty, so in most cases one conviction does not affect immigration, but in some states petty theft can carry more than one year, so it depends on the state and the circumstances of the case. Also, if it is not the only conviction, often even jiust a petty theft conviction can lead to removability.

 

[Milka]

Thanks!, Thanks! neclex for your response: I have my conticional residence since march/2005, I am living in California, I have not other record, this is my first time. The Petty Theft was in Macys with for $269. My court date is next 08/11. The Court can send to INS that record?? or only in the case the INS take my fingerprints... When I will complet my I-751 I can check in the box " NO" in the question if I have any arrest??
Thanks for your help

 

[NYClex]

No, if you are convicted you will have to answer YES to any question about convictions. The USCIS then will make the determination if the exception to the deportability applies.

The court is supposed to notify the USCIS about the conviction.

 

[Milka]

Thanks Neclex!!

 

[mistaker]

any updates

Milka, I am in the same situation as you, what happ during your court date. Any effect on immigration?

 

[mrcastro]

Milka, I am in the same situation as you, what happ during your court date. Any effect on immigration?

probably Milka will be assigned to the diversion program, in CA they do that with first timer offenders. And after that her case should be dismissed.
Milka, let us know if thats what happened.

 

[fmcasado]

Since you already have an attorney, he should be able to advise you on that. What he probably told you is that in your specific case you qualify for the exceptions and therefore your petty theft conviction does not affect your immigration status.

But this can not generally be said for all cases. I am not quite sure what your current immigration status is, but this is the law:

Any kind of theft is a crime of moral turpitude.

If you are not yet in a permanent status you might be "inadmissible" if concicted for a crime of moral turpitude if this is the second conviction or if the conviction is for a crime that carries a maximum sentence of one year or more and you have been convicted to more than 6 months in jail.

If already are in status you are deportable (or removable as they say nowadays) if you have been convicted of a crime of moral turpitude within 5 years of admission and convicted for a crime with a possible sentence of more than 1 year in jail.

Petty theft mostly carries less than a year as a penalty, so in most cases one conviction does not affect immigration, but in some states petty theft can carry more than one year, so it depends on the state and the circumstances of the case. Also, if it is not the only conviction, often even jiust a petty theft conviction can lead to removability.

NYClex...great answer you've done your homework!!

 

[golf131]

"If already are in status you are deportable (or removable as they say nowadays) if you have been convicted of a crime of moral turpitude within 5 years of admission and convicted for a crime with a possible sentence of more than 1 year in jail."


I think it should be "1 year or more" and NOT "more than 1 year"

 

[Husty]

Even if the court do not inform USCIS, and most times they don't unless it's a serious crime, the information will be available to the adjudicator or fact finder through the computer checks. You have to make sure you report your conviction to the USCIS officer at the interview, it's critical you disclose your arrest and conviction.
Again, do not expect the USCIS to know about your conviction, most times it's not reported by the courts, it's your responsibility to disclose the facts. However, USCIS will conduct a background check on you and the conviction and arrest will show up. If you lie you will get caught.
This is NOT legal advice, you should consult with your attorney if you need legal help.