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Consequences of Shoplifting on Green Card Application

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  • 06-11-2010, 05:36 PM
    waterflow
    Consequences of Shoplifting on Green Card Application
    Dear all,

    I am in a situation so desperate that I am begging for your help. My I-485 is being processed and I received a notice for interview in a month. I don't know why I was selected for interview.

    I am afraid it may be related to one thing happened to me 10 years ago, when I was caught shoplifting. Police involved, I was arrested, finger printed. Then I found a lawyer who went to the court with me and helped minimize the charge to township ordinance after I paid $500 fine to the shop. My lawyer told me this won't leave a criminal record to me (i.e. no conviction, it will be treated like a traffic violation).

    When I submitted my green card application, I didn't say I was arrested before. But I feel that USCIS may have found my finger print in record 10 years ago.

    On a separate paper sent with the interview notice, it says: "If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, bring an original official statement by the arresting agency or applicable court order confirming that no charges were filed". To my deepest frustration, I have no idea where to get such a statement or court record.

    Would anybody who has experience please advise me how to deal with this? Does the arrest query paper always accompany the interview notice? How to get the court record? and What should I tell the interview officer about the arrest? I'm scared and terrified...

    Thank you so much for your kindness.

    Best,
  • 06-11-2010, 05:42 PM
    T53147
    Re: Consequences of Shoplifting on Green Card Application
    You need the assistance of an attorney since you failed to report your arrest as required.
  • 06-12-2010, 08:03 AM
    PandorasBox
    Re: Consequences of Shoplifting on Green Card Application
    You should be able to do a Criminal Records search through your State Police website. Usually, you enter your name, and for $10 or so do the search and be able to print it out.

    I also would recommend going to the County Clerk where it happened and ask for a Certified Copy of Judgment ($10-12).
  • 06-12-2010, 08:44 AM
    waterflow
    Re: Consequences of Shoplifting on Green Card Application
    Dear PandorasBox,
    Thank you for your response. I will follow your comments to get the document. Would you please recommend a reliable website for the search? It happened in NJ. How do you think this will affect my application?
  • 06-12-2010, 08:53 AM
    PandorasBox
    Re: Consequences of Shoplifting on Green Card Application
    I think this is where you need. I am only familiar with Michigan's system:

    http://www.nj.gov/opra/

    I have no idea how it will affect your application....
  • 06-12-2010, 09:30 AM
    LawResearcherMissy
    Re: Consequences of Shoplifting on Green Card Application
    As T53147 notes, you will require the assistance of an attorney, since you did not disclose your arrest.

    Failing to disclose your arrest can result in denial of your application and deportation.
  • 06-13-2010, 02:58 PM
    waterflow
    Re: Consequences of Shoplifting on Green Card Application
    Dear LarResearcherMissy,
    Thanks for your comments. With the help from an attorney, what's the chance of avoiding deportation?
  • 06-13-2010, 03:45 PM
    LawResearcherMissy
    Re: Consequences of Shoplifting on Green Card Application
    The law doesn't operate on "chances" or "odds", only facts.

    Whether or not you can avoid deportation will rest entirely on the specific facts of your case.
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