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selma&elvir

CRIMINAL RECORD AND REMOVING CONDITION

By selma&elvir in Effects of Major Family Changes on Immigration Benefits

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selma&elvir Explorer

selma&elvir   0

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Filed: IR-1/CR-1 Visa Country: Bosnia-Herzegovina
 Timeline
Posted

I am conditional resident and next year I have to file for removing of condition and my permanent resident card.I have a problem now because i have a criminal record few days ago I was accused for theft (I forgot to pay an item of 12 dollars on selfcheck).The possible sentence for this in state I live is maximum 30 days and fine from 50 to 500 dollars.I am scared that I can be deportated.My attorney advised me to except deffered judgement which mean i am pladed guilty, but after 12 months case will be dismised after my probation period.This is my first offense so I think I am acceptable for petty theft exceptions.Do I have to fill wavier with my i751 package , what papers I have to submit with i751 regarding this criminal record?

I-130 approved after 62 days

NVC journey

09-18-2009 entered in system NVC

09-22-2009 asigned case number

09-24-2009 mailed and e-mailed my 3032

09-29-2009 AOS shown paid

09-26-2009 recived AOS (AVR)

10-05-2009 accepted DS3032

10-05-2009 invoiced IV bill

10-13-2009 recived by email confirmation DS3032 (STRANGE)

10-16-2009 sent DS230

10-19-2009 AVR said some documents are missing and they are incomplete we got RFE false

10-21-2009 recived email for missing documents-checklist

10-19-2009 delivered DS230 by USPS

10-23-2009 AVR recived checklist

10-29-2009 log in fail - case complete confirmed official by OP

11-10-2009 medical exam passed

11-03-2009 papers forwarded to sarajevo embassy

12-09-2009 INTERVIEW SCHEDULED visa approved

14 December POE

29 December got green card

30 December got driving license

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

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Filed: Other Timeline
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Nobody gets deported for being accused. It will take a guilty verdict or guilty plead to get in trouble, and why would you plead guilty if you did not commit the crime?

That aside, even a conviction of stealing a $12 item at a department store is "petty theft" which would have no bearing on your residency. Just don't make it a habit as there is such a thing as the "3-Strike Law."

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
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I am conditional resident and next year I have to file for removing of condition and my permanent resident card.I have a problem now because i have a criminal record few days ago I was accused for theft (I forgot to pay an item of 12 dollars on selfcheck).The possible sentence for this in state I live is maximum 30 days and fine from 50 to 500 dollars.I am scared that I can be deportated.My attorney advised me to except deffered judgement which mean i am pladed guilty, but after 12 months case will be dismised after my probation period.This is my first offense so I think I am acceptable for petty theft exceptions.Do I have to fill wavier with my i751 package , what papers I have to submit with i751 regarding this criminal record?

Your attorney is obviously a criminal lawyer and doesn't know anything about immigration law.

Theft is a crime of moral turpitude if there is an intent to keep the stolen property. What you did was an error and not intentional theft. If you plead "not guilty" then you will be given a chance to offer a defense, and your defense will be recorded in the court records, even if you are ultimately found guilty. If you plead "guilty" then you are admitting you committed the crime as charged. The judge might give you a chance to make a statement before sentencing, or he might not. If you end up being dragged into an immigration court over this then the court records might not paint a very good picture for you.

Talk to your attorney and make him aware that there could be immigration ramifications to a guilty plea.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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