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My wife is on H4 Visa and was charged with a petty theft…

Hi My wife is...

Hi My wife is on H4 Visa and was charged with a petty theft today. She is in her postpartum after delivery and she lost her mind and did this. Was wondering what should be the actions on our side so that it doesn't affect our status

Lawyer's Assistant: What steps has your wife taken? Has she filed any paperwork with the U.S. government?

Nope she was given a charge sheet by the police

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5/10/2018
Expert James
Expert James, Lawyer
Category: Immigration Law
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Hello! My name is***** have over 12 years of legal experience. Please allow me some time to review your question.

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Obviously, the best outcome would be a complete dismissal. But just in case, let's go through this.

What is the exact offense code and in which state did this occur?

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Customer reply replied 3 months ago
This is in CA. Where can I find the offense code?

It should be on the charge sheets.

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Customer reply replied 3 months ago
484/488 pc is this something you are looking for?

It should be something like Penal Code 484(a) & 488 PC.

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Yes, exactly. Thanks for that. Give me a moment to prepare my answer.

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Customer reply replied 3 months ago
sure

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: This is considered a crime involving moral turpitude (CIMT). Generally, a single conviction of a CIMT committed within 5 years of admission to the US, and that carries a maximum sentence of 1 year or more , makes the individual deportable.

So a single CIMT misdemeanor with a maximum possible sentence of six months will not trigger the CIMT deportation, irrespective of when the offense was committed.

In this case, the maximum possible sentence under California law is 6 months. Therefore, this single offense would not make her deportable.

I hope that answers your questions.

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Expert James
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Customer reply replied 3 months ago
Thanks a lot. how would it affect her future things like green card, and answering DS 160. Do you recommend being represented by a lawyer for the court?

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

ANSWER: It will not make her inadmissible, based on the petty offense exception to inadmissibility. She will still have to answer honestly when asked if she was ever arrested, cited, charged, etc. And she will have to provide certified copies of court records surrounding this offense.

Please give me credit for doing my job by going to the top of this page and clicking on 4 or 5 stars. Thank you!

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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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