had a shoplifting record, but it was being dismissed, want to apply green card!

[applepiema]

What is the name of your state (only U.S. law)? CA

I am sooo sorry to tell my story but i really need help.

i was steeling 5 nail polish worth 50 dollars in walmart and being caught on April 2012 , got a ticket of shoplifting from police. but no finger print. the prosecutors let me do 80 hours community service because this is my first time , the case will be dismissed and within 6 month. My case will be dismissed at the end of the year 2012. and i am planning to married in 2013 Feb, i have F1 VISA and which will expired at July 2013, do i still be able to apply green card by marriage?

i know the case will be dismissed but it relate MT, so i am wondering if i could still apply green card? or shall i plan to go back my country and leave my love from here?

thank you!

 

[Zigner]

Your case is going to be dismissed? Or, did you plead guilty/no-contest and then have to perform community service as part of your sentence?

 

[swalsh411]

If your case was "dismissed" (i.e. DA decided to not press charges) then you would not have to do community service.

 

[Proserpina]

Look at the sentencing guidelines, OP. As a very general rule, only crimes of moral turpitude (and carrying a possible custodial sentence of over a year) will be held against you.

 

[OHRoadwarrior]

Look at the sentencing guidelines, OP. As a very general rule, only crimes of moral turpitude (and carrying a possible custodial sentence of over a year) will be held against you.

That said, you will likely be found out, if you lie on your application, which will be an automatic fail. Please don't tell us how sorry you are. You are only sorry you were finally caught.

 

[Proserpina]

That said, you will likely be found out, if you lie on your application, which will be an automatic fail. Please don't tell us how sorry you are. You are only sorry you were finally caught.

OP said nothing about lying.

(For what it's worth, that's also not true - it's a common myth, but the adjudicators actually have an enormous amount of discretion; telling a lie on the application is not an automatic denial. )

 

[Ohiogal]

If your case was "dismissed" (i.e. DA decided to not press charges) then you would not have to do community service.

Not quite true. She could be in a diversion program that allows for community service and other things and if she completes successfully and stays out of trouble, the case is then dismissed at the end of the time. Which means it was NOT dismissed yet but it WILL be dismissed.

 

[applepiema]

thank you

Your case is going to be dismissed? Or, did you plead guilty/no-contest and then have to perform community service as part of your sentence?

my case is not dismisssed yet. but will dismissed at December 2012. i did the pre-trail diversion program and have to finish 80 hours community service.
i do not plead guilty because i have not went to trail.

 

[applepiema]

thank you

If your case was "dismissed" (i.e. DA decided to not press charges) then you would not have to do community service.

i went to pre-trail diversion program. and make a deal with precucuter. if i finish the community service , my case will dissmissed , but it still have a record on my. but showing the case dismissed.

if i fail to perform the community service , the sentence is going to be in jail but less than 1 year.

 

[applepiema]

thank you

Look at the sentencing guidelines, OP. As a very general rule, only crimes of moral turpitude (and carrying a possible custodial sentence of over a year) will be held against you.

so do you mean , if i do not have a crime record because i havent plea guilty, so it wont against me?

 

[Antigone*]

I am sorry but we have enough criminals who were born here it sucks to have to deal with criminals who weren't.

 

[OHRoadwarrior]

I am sorry but we have enough criminals who were born here it sucks to have to deal with criminals who weren't.

There is a reason they call it land of the free, in some countries.

 

[Proserpina]

so do you mean , if i do not have a crime record because i havent plea guilty, so it wont against me?

No, that's not quite what I said. It doesn't matter what your eventual sentence is - if the crime itself carries a possible custodial sentence of 1 year or more, it can be held against you.

 

[applepiema]

thank you

No, that's not quite what I said. It doesn't matter what your eventual sentence is - if the crime itself carries a possible custodial sentence of 1 year or more, it can be held against you.

i see. mine is less than a year.

 

[Proserpina]

i see. mine is less than a year.

Then based purely on what you've written here, it shouldn't affect your application although you MUST be honest about it all.