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  1. #1
    Join Date
    Aug 2012
    Posts
    4

    Default Caught Stealing While Visiting the U.S. as a Tourist

    My question involves criminal law for the state of: New York

    I was caught shoplifting in Apple store in New york City.
    The value of merchandise being more than $100, I was arrested and taken to the precinct and booked. The court notice mentioned the charge as Larceny but also mentioned ACD - adjournment in contemplation of dismissal. And my case dismisses today.
    I was told by the lawyer there that ACD will disappear when the case be sealed, as something that never happened.

    The thing is: I am from Brazil, I have a legal tourist VISA and everything. I go to NYC every year to spend my college vacation. My case is going to dismiss today. So, the question is: -- Will I have problem to go back to NY again after my case is dismissed? Will I have a problem with the immigration?
    I'm asking that because I was arrested and fingerprinted in the police station. I don't want to be deported on my vacation. By the way, I'm going to NY next december.

    Look what my lawyer said to me:

    "Your case is going to be dismissed. There is nothing either of us need to do. Once it is dismissed and sealed, you're free to travel back to the US as you please."

    I don't know if I believe 100% in that. What do you think?

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Caught Stealing While Visiting the U.S. as a Tourist

    Quote Quoting luisa_
    View Post
    Will I have problem to go back to NY again after my case is dismissed? Will I have a problem with the immigration?
    Maybe.
    Quote Quoting luisa_
    I'm asking that because I was arrested and fingerprinted in the police station. I don't want to be deported on my vacation.
    While I understand why you would not want to be denied entry for your vacation, nobody here can promise you it won't happen.
    Quote Quoting luisa_
    "Your case is going to be dismissed. There is nothing either of us need to do. Once it is dismissed and sealed, you're free to travel back to the US as you please." I don't know if I believe 100% in that. What do you think?
    I think it's understandable that you don't "believe 100% in that".

    We don't know the exact charge filed against you. We don't know if you allocuted or entered a guilty plea in association with your ACD. Both the charge and the manner in which it was resolved have potential impact on future visa applications and border crossings.

  3. #3
    Join Date
    Aug 2012
    Posts
    4

    Default Re: Caught Stealing While Visiting the U.S. as a Tourist

    Well, I got the Certificate of Disposition.

    It appears:

    Arraignment Charges: 155.25 165.40
    02/11/2012 - ADJOURNED - CPL Section 170.55
    08/10/2012 - DISMISSED - CPL Section 170.55

    "Sealed pursuant to section 160.50 of the CPL."

    So, will I be able to re-entry to US without any problem?

    Thank you very much.

  4. #4
    Join Date
    Aug 2012
    Posts
    4

    Default Re: Caught Stealing While Visiting the U.S. as a Tourist

    it was a misdemeanor.. thank you for your answer!

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Caught Stealing While Visiting the U.S. as a Tourist

    It could possibly cause you to be denied.

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