Legal Question in Immigration Law in Texas

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, 12:59 pm

2 Answers from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

If the application is not completed correctly, she could be charged with fraud. What is a conviction in criminal law and immigration law are different. I would need to know if she plead guilty.

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Answered on 2/09/12, 1:05 pm
Charles Medina Law Office of Charles Medina

If your wife was arrested for Shoplifting, she would need to explain in her I-485 filing since she might be subject to the criminal ground of inadmissibility. We suggest you to consult with an immigration attorney prior to her filing of I-485.

You may visit our website at www.medinalawgroup.net for our featured cases that cover the most complicated areas of immigration law. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 2/09/12, 1:35 pm


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