Legal Question in Immigration Law in Texas

Continuing Previous Question:

She "Please with Not Guilty". In DS160 form, we answer "No" since her university lawyer had told us at that time that she will be again at Pre-Arrest Stage and he also mentioned as per NY law, she can legally say "No" to that question. She was also told that she was not convicted and all her records are wiped off.

I would appreciate answer to previous question as well.

Previous Question:

A question regarding Green Card application for my wife. She will be add on my application. I am going to file for 3rd Stage now (I-485).

About 5 years and 4 months ago, my wife was caught for Shoplifting (value of $70) when she was on F1 visa. Court had given her ACD and about 40 hours of Community Service but she was not convicted. It happened in New York while currently, we are working in Texas.

We were guided by her University Legel Services that with community service all her records will be wiped off and she is clean with no records. We do not have any document also for this incident and they also mentioned this will be become like nothing happened.

She is currently on H1B visa and we did not have any issue with her visa status. Can someone advise us whether this would impact both of our Green Card application?

Also, in I-485 form, do I need to answer "Yes" for questions whether or not arrested? During H1B Visa Stamping we answered "No" to this question in DS160 form but she successfully got Visa Stamped.


Asked on 2/09/12, 2:36 pm

1 Answer from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

One cannot simply say how you should answer a particular questions. What is and is not a conviction is not easy to determine in certain cases, nor is when someone is viewed as misrepresenting facts. In such a case, professional assistance should be sought.

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Answered on 2/19/12, 10:12 pm


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