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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default I-485 Interview and Criminal History

    My wife was in the same situation, She got caught shoplifting about $90 in goods (in Bradlees) it was in January 2000 and in sears at 2001 (for 120 dollars) . when immigration officer asked , if she had ever been arrested: she answered NO.This was very stupid... they have recieved the fingerprints results as positive, So they already knew about these records.
    Eventually she admitted, but it would not matter. Now they are asking to provide all disposition letters from the court. And they gave us 30 days. I know it was stupid to try concealing, but it was my fault… I advised her to say no. Can you please tell what might happen to her ? Are they going to deny her aplication ?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: I-485 Interview and Criminal History

    Are they going to deny her aplication ?
    It's entirely possible.

    No one here can tell you for certain what will happen. You have availed yourself of the services of a good immigration attorney, right?

  3. #3
    Join Date
    Jun 2008
    Posts
    4

    Default Re: I-485 Interview and Criminal History

    one thing about immirigation is that the law is flexable go to the courts find out if the has an ACD or depending in what state your in if this was drop dismiss or whatever get an COD cerft of deposition and if she is deny her best bet is to wait 3yrs since she is marrie ddont get into any trouble for 3yrs and the case would be consider in good faith and if the case was dismiss then she has nothing to worried about if it was a felony then she has something to worried about

  4. #4
    Join Date
    Nov 2007
    Posts
    811

    Default Re: I-485 Interview and Criminal History

    ...and that's why one should always ask their immigration attorney in the chance they have any questions.

    If it was an honest mistake (like she had it expunged or deferred ajudication or PBJ (probation before judgeemnt), then the officer is likely going to overlook it with a proper explanation. This happens with some frequency and is not a major impact if it has a logical explanation such as expunction. If it does not have a logical explanation then it was a lie.

    They could deny the application and could even go as far (it is not likely, but my crystal ball is not working today and I can't be 100% certain) as to penalize her for false swearing (lying) on her application.

    Best Wishes!

  5. #5
    Join Date
    Jul 2008
    Posts
    24

    Default Re: I-485 Interview and Criminal History

    Not being a citizen, let alone a Legal Permanent, what pray tell, would move your spouse to shoplift AGAIN, after having been arrested once before?

    Alright; damage is done. Now lets evaluate.

    I don't know in which state(s) the offenses were committed, nor do I know what the dispositions were, but I can inform you of the following:

    - shoplifting is larceny;
    - larceny is a theft offense;
    - a conviction for a theft offense in which a sentence imposed of one
    year or more is an aggravated felony (agg. fel.);
    - conviction for an aggravated felony renders one INADMISSIBLE;
    - if inadmissible, one is precluded from adjusting status to Legal
    Permanent Residency (LPR);
    - a theft offense/larceny is a Crime of Moral Turpitude (CMT);
    - convictions for two CMT'S within five years of entry to the U.S.
    renders one INADMISSIBLE;
    - committing fraud or misrepresentation (lying about having been
    arrested) in order to obtain an immigration benefit (such as filing an
    I-485 to adjust status) renders one INADMISSIBLE;
    - in most states, a diversionary program which results in dismissal
    of charges for first time offenders after a period of probation, is still
    considered a conviction for immigration purposes...

    Understand the fix you are in?
    So as not to completely bum you out, a Waiver of Inadmissibility is available, for all of the above. But filing and obtaining approval is no day at the park. Which points to the need for you to consult with an experienced immigration law practitioner if you hope to get out of this mess.

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