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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28188
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Unfortunately today i plead gulity to the trespassing

Customer Question

Unfortunately today i plead gulity to the trespassing charges in Pennsylvania.The lawyer I hired said he couldn't get the charges reduced. The judge ordered fine and let me walk away but not to go to that place again.Is this gonna affect my immigration?. What I need to say during immigration interview / port of entry ?.. should i need to provide docket sheet as well imposing sentence document from court ? Please help.
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Judith replied 1 month ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

What is your immigration status?

What interview is pending?

What was the possible maximum sentence you could have gotten?

Did this involve a domestic situation or was it a business?

Judith

Customer: replied 1 month ago.
I am currently on H1B visa. My green card was filed last year. Labour application got approved this year. My I140 is in progress.Interview - I mean When I travel to my home country i have to get the visa stamped , So I have to appear for an interview.What should I tell in an interview?The maximum possible sentence is 90 days.No. I just entered the place which i was communicated not to go. Pennsylvania law 18 Pa.C.S.A.§3503(b).
I entered the casino when I was on self exclusion list.I was given a summary offense. The ticket has summary option checked.
Expert:  Judith replied 1 month ago.

I'm verifying this is not a CMIT. Be back with you briefly.

Judith

Expert:  Judith replied 1 month ago.

OK, I got the info I needed. This is not a CMIT as it did not involve a domestic situation or theft.

http://immigrantdefenseproject.org/wp-content/uploads/2011/02/VT-Chart.pdf

You have to be honest with any visa or immigration officer who questions you regarding this offense. You would be wise to carry with you a certified copy of the court disposition that includes the police report and citation.

It is not grounds for your H1B visa stamp or your adjustment of status to be refused.

Of course the officer always has discretion but it is unlikely they would exercise negative action in a case such as this since you acknowledged you had a problem and took measures to attempt to avoid being in the casino which appears gambling is your issue.

If you have taken any measures to get help for your problem such as attending meetings or counseling sessions, it would be good to have evidence that you are seeking help to resolve your problem.

Your issues with gambling are somewhat different from other addictions because the harm is strictly to yourself versus endangering the health or well-being of others.

You just have to be totally honest with the consular officer or Customs agent if flagged and have the documentation with you for visa stamping and anytime you will pass through inspection.

I wouldn't foresee a refusal.

I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Customer: replied 1 month ago.
Thanks so much for the clarification Judith ! Appreciate it!
What about employment ? ..If ever asked in workplace , should i mention about it ? I work for state agency as contractor and they do federal clearance frequently. Should I say "Yes" if i was ever convicted to criminal charges though its a summary offense.
Customer: replied 1 month ago.
Thanks for the excellent clarification earlier ! I gave you 5 star !
Expert:  Judith replied 1 month ago.

I am neither an employment law or criminal law expert. I am not certain if a summary offense is not still classified as a misdemeanor. Your criminal lawyer can advise on that.

As an attorney I can only tell you that you must be truthful on any application or you risk termination if your history is ever made known to the employer.

You may want to inquire from your criminal attorney if you can have your record expunged. Under immigration laws, it is still required for you to disclose it but an expunged record does not allow the public or an employer to see the record.

It may still show up in a background check if you have any type of security clearance. Again, your criminal lawyer is better qualified to answer this question for you.

Judith

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