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Do I Qualify for Petty Offense Exception

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  • 11-17-2011, 01:18 PM
    desigirl
    Do I Qualify for Petty Offense Exception
    My question involves criminal law for the state of: Virginia

    I was convicted for shoplifting in Macys in March 2009 and have no other DMV or Criminal record. I was finger printed and the court disposition letter says,

    Crime code: 18.2.103
    Class 1 misdemenor
    Jail Sentence of 6 mnths imposed, of which --- days mandatory minumum, with 6 months suspended for a period of 3 years conditioned upon being of good behavior, keeping the peace, obeying this order and paying fines and costs.


    Now my husband's dates were current, We are ready to apply for I 485 and below are my questions.


    1. Do i qualify for Petty offense exception.
    2. Since this is my first and only criminal record, can this be expunged after March 2012(3 yrs from commiting crime)
    3. If my Husband adds me as derivative in 485 application, will it affect his application too..i dont want to ruin his GC because of my conviction.


    Please review and reply back with details.
  • 11-17-2011, 09:35 PM
    T53147
    Re: Do I Qualify for Petty Offense Exception
    Expungement does not count for immigration. You must answer in the affirmative even for those offenses which are not normally visible on a criminal background check.

    You need to make his attorney aware of the situation if you have not already done so; proper actions can be taken and documents can be assembled regarding your application. It is likely that you qualify but an attorney is in a better position to advise you based on the specific circumstances of yoru case.
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