Legal Question in Immigration Law in New York
adjustment of status and misdeamenor
I'm h-1B visa holder, in 06/2003
was guilty of theft $90 , I got
deffered justification, no jail, paid fin,
11 months probation. I got Non-
Disclosure order from court on
01/2006. Now I'm going to marry
with USC. Would you please let me
know if it's going to affect my
situation to get green card, and
based on Non-Dsclosure order, I was
told by attorney I can claim I didn't
have any arrest or misdeamenor.
Please help me.
3 Answers from Attorneys
Re: adjustment of status and misdeamenor
That is not good advice. When you complete the I485, you have to reveal all prior arrests and convictions (including this one), but you should work with an attorney to process your LPR, since the theft is considered a CMT. You are welcome to email me directly. TCL
Re: adjustment of status and misdeamenor
A finding of guilt and the assessment of a fine means that you have a conviction and this must be disclosed when you file for adjustment of status. If this is your only criminal conviction it will not impact your ability to get a green card.
Dilnaz A. Saleem
www.KraftLaw.com
Re: adjustment of status and misdeamenor
In general, sealing, expunging or subjecting conviction records to a non-disclosure order does not change anything from the immigration law perspective. If you were arrested and convicted, then you would have to disclose this on your immigration filing unless the conviction was reversed or set aside on appeal.
Crimes of theft are typically classified as Crimes Involving Moral Turpitude and even misdemanor thefts can create serious problems for lawful permanent residents potentially resulting in a removal (deportation) or inability to obtain U.S. citizenship through naturalization. Travel outside the U.S. will become very risky then. Luckily, there are a few exceptions that may be applicable in some cases depending on the maximum sentence imposable for the crime and the actual time served (such as "petty offense").
Have your entire criminal history reviewed by an immigration attorney to determine the immigration consequences of your conviction.
The above reply is in the nature of general information, is not legal advice and should not be relied on as such.
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