Legal Question in Immigration Law in New Jersey

hi

i was arrested for shoplifting in 2008 april and they have taken my finger prints and photographs and i attended the court and found guilty . my SBI and FBI reports says criminal record exists. my court disposition forms says that it is ammended to peace and good order . came as municipal ordinence violation . i have filed now motion for post conviction relife . i am waiting for my court date . my problem is i am on F1 visa student status . if i do all these post conviction relife and later vacature process will my arrest be still seen to the immigration officers and will i get visa or not ? i am scared totally i spend till now $6000 still i am ready to go a head to do but ? i am eligible to apply for green card or not? please help me i am depressed a lot and i don't know wht is going to happen ?


Asked on 2/09/10, 4:55 pm

2 Answers from Attorneys
Vivian Szawarc Law Offices of Vivian N. Szawarc

Unfortunately your criminal record will follow you for the rest of your life and you will have to explain it. The good news is that immigration has something called the petty offense exception and you are allowed one minor mistake such as yours with a minimal or no jail sentence without any consequence to your immigration future. Yet, you will have to explain it but they just can't deny you benefits because of it.

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Answered on 2/15/10, 12:13 pm
Antoinette Wooten The Wooten Legal Consulting, PC

The reason this question is on the various forms is because once you have been arrested immigration will need to know what were the circumstances of the arrest.

An arrest is something that you cannot hide from immigration.

Patricia Martin-Gibbons

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Answered on 2/15/10, 1:34 pm


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