Legal Question in Immigration Law in Michigan

Hi

I came in USA and got my Green Card in April 2009 through merrage. my wife become US citizen in JUNE 2009. I got cought shoplifting worth $127.00 in Feb 2010. in michigan. According to Michigan law I've been charged with third degree retail fraud. which means 93 days in jail and or $500.00 fine . I have no prior any kind of criminal record. not even single traffic ticket. I hired a criminal attorney and we make a plea deal and i got a diversion programme. according to this programme i have to paid all restituation amount and i have to do 40 hrs community service and i have to join two community class and got a six month probation.after successfully completion of this all requirement my case will be dissmissed. and i have no conviction record in my record.my probation will end in August 2010.

Now I have following question mind...

( 1 ) can i be deportable according to this crime

( 2 ) can i visit my mother country after successfully completed of this diversion programme ?

( 3 ) can i eligable to re enter in USA at the port of entry ? if yes can I have to carry any kind of document with me during re entry ?

( 4 ) can i eligblle to apply for US citizenship after three years of my wife became us citizen or after three years from this incidence or after my probation end ? or what ?


Asked on 3/20/10, 6:16 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Yes, you can be considered deportable and inadmissible, unless this theft offense can qualify as a petty offense expection (which can be advised by an immigration attorney based on review of your conviction and the MI criminal statute). You should consult an immigration attorney before traveling abroad.

No, it's not likely that you will be eligible for US citizenship through naturalization in 3 years because of apparent lack of requisite good moral character required for naturalization.

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

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Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 3/25/10, 7:04 pm
Caridad Cardinale Pastor & Associates, P.C.

If it's retail fraud third degree in Michigan, you should not have a problem traveling, HOWEVER YOU SHOULD CONSULT AN IMMIGRATION ATTORNEY just to make sure since that attorney will need to look at the actual court documents regarding that conviction and also your green card to check regarding applying for citizenship. We have dealt with many cases exactly like yours. You can contact us for a free consultation at 248 619 0065.

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Answered on 3/26/10, 7:15 am


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