Shoplifting By Foreign Student
I was arrested for petty theft at a department store in NYC. I was convicted of Penal Law 240.20, disorderly conduct. Am I eligible or ineligible to re-enter to the U.S?
Although I did not have to pay a fine, I did one day community service. It was my first time, and I did not do any wrong during one year conditional discharge.
I plan to go to my country in the following winter, so I am really worrying about whether i am admissible or not because still I need two more semesters to get my degree.
I found that theft is one of most common type of crimes would make a person inadmissible to the U.S., but I also found that disorderly conduct is not considered crimes that make a person inadmissible to the U.S.
If I am not inadmissible to the U.S., Is there a way to set aside such an obstacle to my entry?
thanks in advance. please do respond quickly - since i am very worried about this. thanks!
Re: Shoplifting By Foreign Student
Disorderly conduct is a violation, which I don't believe is even classified as a criminal offense. But the USCIS is likely to regard you as having been convicted based upon your allocution (your testimony as to what you did that constituted the offense) which I expect would be the original shoplifting offense. Further, as "disorderly conduct" plea bargains sometimes encompass crimes that are much more likely to result in your being turned back at the border (such as prostitution) you may want to be prepared to prove that the original charge was misdemeanor shoplifting.
Misdemeanor shoplifting normally falls under the petty offense exception to crimes of moral turpitude, such that you would not be ineligible to return, but as you obviously understand, any time you choose to commit crimes in a nation you are visiting you put your ability to return to that country at risk.
Re: Shoplifting By Foreign Student
Thank you for your response.
I really shame on me and never do such stupid mistake again.