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  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Default Will a Dismissed Misdemeanor Cause Problems at Port of Entry

    Hello..

    I was charged with class A misdemeanor last month for shop lifting and got arrested and finger prints are taken. i met the criminal lawyer and got a pre trial diversion. Attended a class and case was dismissed by the state. I got the dismissed document also. I am currently on my H1B visa which will be expiring next year. I have made my travel plans for the end of this year to india.

    My question is will i have any issues at point of entry ? Will i be deported for this crime? Is it advisable to cancel my plans if so how long ? This thing happend within 5 years of my entry. I will be finishing my 5 years by the end of this year. I was charged with conversion not theft. Does my crime comes under CIMT and petty offense exception ? Will i be taken for secondary questioning at Point of entry when i enter next year while coming back from india?

    I met immigration lawyer before accepting pre trial diversion, lawyer advised to take diversion as that is the better option i have currently and he said i wont be having any issues at point of entry for this as this is very minor offense and my one and only crime.

    Please provide me your suggestions..

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    14,580

    Default Re: Will a Dismissed Misdemeanor Cause Problems at Port of Entry

    You were given (correct) advice by a professional. Why would you second-guess him and look for advice from strangers on the internet?

    No, one is generally not deported for a single instance of petty theft. As long as you disclose it when asked about it, you shouldn't have any problems.
    I'm not a lawyer, but I play a researcher on the internet!
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