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  1. #1
    Join Date
    Nov 2008
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    Default Immigration Consequences of a Larceny Charge

    My parents are both green card holders, my mum is applying for citizenship, she is also applying greencard for me. But recently, I got charged for larceny 6th degree,my attorney got a deal with prosecutor which is after I complete 25 hours of community services, the charge will be dismissed. I didn't plea guilty or anything, I didnt even get to see the judge, my case was pretty much resolved at arraignment. So do i need to worry about the I-485 form regarding the arrest question? say yes or no? Any chance that i'll probably get deported or any bad immigration impact? the max sentence is 3 months, and i've been to US for 3 years. thanks!

  2. #2
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    Default Re: Immigration Consequences of a Larceny Charge

    When you choose to commit crimes in your host country, you can create immigration problems for yourself.

    I would expect the USCIS to classify your crime under the petty offense exception to crimes of moral turpitude, so as not to prevent your obtaining a Green Card.

  3. #3
    Join Date
    Nov 2008
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    Unhappy Re: Immigration Consequences of a Larceny Charge

    thank you, I really appreciate your help, I asked my lawyer yesterday, he said my case was dismissed by the court, the prosecutor decided to dismisse the case and drop all charges, and there will be no mention of the community service on the disposition letter, it will only show dismissed, so
    1. will i get deported?
    2. can I still get the green card?
    by the way, there were two charges: 1. larceny 6th degree, 2. Conspiracy to larceny, so do i still fall into the petty offense exception or are they counted two crimes? but since the charges are all dismissed, so am i safe to apply green card? thanks again! i really regret for what i did, that is the most stupid thing i've ever done in my life

  4. #4
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    Default Re: Immigration Consequences of a Larceny Charge

    I would expect the USCIS to classify your crime under the petty offense exception to crimes of moral turpitude, so as not to prevent your obtaining a Green Card. You didn't enter a guilty plea to any charges, so the question of how many charges were originally filed is peripheral. (But stop hanging around any alleged co-conspirators, if you haven't already.)

  5. #5
    Join Date
    Nov 2008
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    3

    Default Re: Immigration Consequences of a Larceny Charge

    Thank you very much for the info, you made me feel a little better now, i still have a question, if the immigration officer asks me for an interview and ask me about the arrest, should i tell them the truth? if so, will they consider it as an admission to guilt? then i might be deportable? or should i just tell them the case was dismissed and nothing else?

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