Legal Question in Immigration Law in New York

Re: Shoplifting.

Generally, expungement of a criminal record does not change the immigration consequences of a conviction regardless of what your rap sheet might say about expungement.

Unlike shoplifting (petit larceny in New York), disorderly conduct (240.20) is unlikely to be viewed as a "crime involving moral turpitude" which may render you excludable/inadmissible and ineligible for adjustment of status and even subject you to removal (deportation). Your entire file for this conviction must be reviewed, though, to make sure that you had not made admissions to more serious crimes (even if your ultimate conviction was for a less serious crime).

However, failure to answer the questions about your arrests and convictions correctly may create a basis for the charge of misrepresentation. You ought to discuss this with your lawyer who made the I-485 filing and evaluate your options with him/her or find another immigration lawyer familiar with the intersection of criminal and immigration laws. If you are unsure of your criminal record, you can request a rap sheet from FBI and see what's there to understand what effect it has on your immigraiton status. This should have been done prior to filing for adjustment of status if you knew of your previous criminal history to avoid problems later. The reason this is very important is that in some instances not only do applicants not qualify for immigration benefits they apply for but they may inadvertently become subject to removal (deportation) and lose the right to return to the U.S. for a long period of time or forever.

This reply is in the nature of general information, is not legal advice and should not be relied on.

Re: Shoplifting.

DC (disorderly) is not a crime indicating 'moral turpitude' and will not have a large impact on your petition for status. However, concealing it will have a huge impact.

It is best to amend your petition to include this event. Also, include your explanation. The computer record of the event will include almost no information. Your 'explanation' will include most of the information before the INS official. (Of course, any mis-statement of fact to the INS is grounds for immediate rejection. So be accurate, but tell your side of the story.)

If you amend within 30 days of the date your plea of 'guilty' to the DO was entered, then you will have no problems.

You are welcome to a consultation for no fee. My fee for doing the work (amending the petition) would be $75 dollars.