Retail Fraud and H1b Visa Extension Form DS-160

My question involves criminal law for the state of: CA

Hi,

I caught for shoplifting for $99 headphones, no police came, some shop officer arrested me & took my photo & have me sign few docs. Payed fine to That shop. Case still went to Court. Appointed lawyer. Lawyer told me & I Said in court that "I'm NOT GUILTY" & they given me another court date. On my next trial, my lawyer talked to them & then judge gave me some fine & asked me to complete some 20hrs voluntary service & probation class. They also took my Ten finger prints & Palm in police station.

Now the thing is
I'm planning to go for my VISA stamping, so i really need some experts advice on this.

In my Immigration form DS-160, there is a question which says "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?" -- for this what is should say YES or NO

And some more questions, please answer as these are very important.
1, is my case dismissed?
2, Crime Involving Moral Turpitude -- does this occured to me ?
3, I completed my probation period of 20 hours, so after i submit that voluntary proof, will they take this criminal off from my record ?
4, Have you ever been arrested, cited or detained by any law enforcement officer ? Yes/No
5, Have you ever been charged with committing any crime or offense ? Yes/No
6, Have you ever been convicted of a crime or offense ? Yes/No
7, Have you ever been placed in an alternative sentencing or a rehabiltative program ? Yes/No
8, Have you ever received a suspended sentence, been placed on probation or been paroled ? Yes/No
9, Have you ever been in jail or prison ? Yes/No

last one
Have you been ten-printed ? yes/no -- i given my ten finger prints in police station, so should i have to check this yes?

Please help me on this, if needed i can provide more info.

Thanks,
Kris

Quote:

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Quoting kris_frys

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My question involves criminal law for the state of: CA
"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?" -- for this what is should say YES or NO

And some more questions, please answer as these are very important.
1, is my case dismissed?
2, Crime Involving Moral Turpitude -- does this occured to me ?
3, I completed my probation period of 20 hours, so after i submit that voluntary proof, will they take this criminal off from my record ?
4, Have you ever been arrested, cited or detained by any law enforcement officer ? Yes/No
5, Have you ever been charged with committing any crime or offense ? Yes/No
6, Have you ever been convicted of a crime or offense ? Yes/No
7, Have you ever been placed in an alternative sentencing or a rehabiltative program ? Yes/No
8, Have you ever received a suspended sentence, been placed on probation or been paroled ? Yes/No
9, Have you ever been in jail or prison ? Yes/No

Have you been ten-printed ? yes/no -- i given my ten finger prints in police station, so should i have to check this yes?

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YES.

1. No, you were found GUILTY and case was closed. What your lawyer did is called a "plea bargain" -- you plead guilty in exchange for a lesser sentence, i.e. no jail time in this case.
2. Yes, shoplifting is a crime of moral turpitude.
3. Maybe...you can try for something like early termination of probation, if your probation isn't over; you can also try to have your record expunged. A lawyer is advisable for either of these, I believe. Some of the more experienced members of this forum may explain further.
4. No...if you have never gotten a traffic ticket.
5. Yes
6. Yes
7. I don't know, depends on the terms of your sentence/plea bargain.
8. Yes
9. No

There is a misdemeanor on your criminal record which the USCIS may view as serious. If you have ANY concerns being denied a visa/entry, PLEASE CONSULT AN IMMIGRATION LAWYER before you submit anything to the USCIS or leave the U.S.

4. I think you have to answer YES. If police were not called to the store, the store LP that detained you still forwarded the case to the police, who forwarded it to prosecutors office.

Have you been ten-printed: Yes.

I'd consult an Immigration lawyer before filling out this form yourself. Ask about getting the record expunged, but don't be surprised if it doesn't happen, many states have a certain time that you have to wait.

You need to check with the court records or your lawyer to confirm your disposition - whether you entered a guilty plea in exchange for a "no jail" deal (or something similar), if you got a deferral to avoid a conviction, or if you entered a guilty plea to a lesser offense (and, if so, to find out what it was).

If you entered a guilty plea, the USCIS will regard you as convicted even if you get an expungement - you should expect that they will only disregard your plea if your conviction is set aside based upon actual innocence.

A shoplifting offense is a CIMT, but would normally fall under the petty offense exemption so as to not disqualify you from entry.