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You there? I have been convicted of petty theft. I am on f1…

Customer Question
You there ? Lawyer's...

You there ?

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

I have been convicted of petty theft

Lawyer's Assistant: Have you talked to a lawyer yet?

I am on f1 visa i paid my fines

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I concented as guilty and paid fines i am going back home for a vacation will the immigration send me back to my country while re entering? i have visa till 2021 and this is my only criminal or any record do i fall under petty theft exception ?

Submitted: 7 months ago.Category: Immigration Law
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Answered in 1 hour by:
12/3/2017
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 7 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,885
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Customer reply replied 7 months ago
Hello please response soon i am waiting
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 7 months ago

My apologies there seems to have been a site glitch because I did write out your answer.

Your petty crime does not make you inadmissible. You get one conviction of a crime involving moral turpitude and are still allowed to enter the US as long as the crime did not have a maximum sentence of more than one year and your sentence was not more than 6 months. Since you only got a fine I assume there was no probation as you did not mention this.

Therefore your conviction falls under the one petty crime offense rule.

You MUST carry with you a certified copy of the court disposition as the CBP officer will want to review that. All they see when they scan your PP and Visa is a flag that there was an arrest but they do not know the outcome. The burden is on you to provide that evidence.

You will not be sent back to your country as long as this was not a theft of more than $10,000.

Again, my apologies.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 7 months ago
What is a court disposition? Where and how do i get it from? Thanks
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 7 months ago

A court disposition is your court file which includes the arrest report and the plea and the sentence. The clerk of the court where you went to plead will make a photo copy of the case or print out the electronic file and put the court seal on it.

You go to the courthouse where you appeared before the judge.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 7 months ago
I am flying on tuesday. I have one day in hand. Do you think if i go to the court tomorrow i can get it right away?
Customer reply replied 7 months ago
also, i was never handcuffed or taken to the jail. I was given a citation by the police and then he told me i can either pay it off or go to the court. I went to the court and pleaded guilty. Should i answer yes when immigration asks if i was ever arrested?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 7 months ago

Yes, you can get itimmediately.

It does not matter whether you were cuffed or jailed. You have a CONVICTION now for a crime involving moral turpitude and you need to show what the results of the charges were.

Judith

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Customer reply replied 7 months ago
if i am asked if was ever arrested my answer should be yes?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 7 months ago

The questions are have you ever been cited, arrested, convicted of a crime.

Your answer is YES.

If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open.

Judith

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 7 months ago

I have sent you an offer for a telephone call to discuss your conviction. It seems that my written answers were not satisfactory to you for a rating. I tried to explain as best I could to answer your question whether your conviction fell under the petty crime exception.

Immigration laws are complex and often a phone call is useful for a customer to be able to ask questions to clarify in real time.

Judith

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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