Legal Question in Criminal Law in New York

Im in process of green card application, I am still waiting for the interview letter. but i was charged PL 165.40 yesterday, its my first time, i did not mean to took the item ( cost $24) i just hold it in my hand and also with a tissue, and i totally forgot i was holding the item. my court date is 11/17/10 at midtown community court. my question is if i get a ACD on the court date, will it affect my green card application ? am i going to be denied very likely? what should i do?

besides from that, if after 6 months, my case is dismissed , and when i fill out some job application form or immigration form, should i say yes or no to the question of " am i being arrested or convicted to a crime?" Is there any way i can clean my criminal record forever even with immigration and all the financial company?


Asked on 10/12/10, 4:51 pm

2 Answers from Attorneys
Jason Stern Law Offices of Jason Stern

Certainly, any arrest may affect your immigration application. You should not lie on your paperwork or at your interview. If you do and are caught, your application will be denied and your removal will be ordered.

It is imperative that you retain counsel to ensure that you avoid any finding of guilt on a misdemeanor charge of petty larceny. However, even an ACD and violation can be grounds for denial of your green card application as it pertains to a crime of dishonesty.

If you need representation or further assistance, do not hesitate to contact my office.

Best of luck!

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Answered on 10/18/10, 12:17 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

The question is were you arrested, many instances similar to yours don't result in arrest but instead in a summons to appear in court... If yiu were arrested you must disclose, but if you weren't thenobviousky not.

I wouod suggest contacting an attorney skilled in immigration law as well as criminal law ro assist you with this case.

If you're able to retain an attorney contact our office at 212-405-2234

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Answered on 10/20/10, 6:44 pm


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