QUESTION

Hi. Can I be deported for shoplifting? What is the best way to proceed?

Asked on Apr 20th, 2012 on Immigration - Florida
More details to this question:
Hi. I entered the US legally and did a change of status to F-1 student. I fell out of status when I stopped attending college and I''ve been living in Florida for three years. I''ve recently been caught shoplifting. I was not arrested but I have a court date in 3 months. The amount was $70 at walmart. I have appeared in a misdemeanor court for driving on an expired license. I plead no contest and had to pay a fine. Even though it is a felony to drive with an expired license in Florida.. nothing ever came of it. What is the best way to avoid criminal charges? Or to avoid a crime of moral turpitude conviction??
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1 ANSWER

Immigration Attorney serving Omaha, NE at Curley Immigration Law, PC LLO
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Your questions should also be discussed with a criminal defense attorney who can advise you on the possible alternatives to a moral turpitude conviction.  First of all, you can be removed from the U.S. because you are out of status, regardless of your criminal history.  The question is how and when you could face removal proceedings.   In general, if you receive jail time, ICE will be notified and a hold will be placed on you.  You will not be released from jail after serving your sentence and will be turned over to ICE custody.  You might remain in the same jail, but your legal custody will change from the State to ICE.   A shoplifting offense is a crime involving dishonesty and, therefore, is a crime involving moral turpitude.  It does not matter if it is a misdemeanor or felony; if the maximum possible sentence is one year or more, it is a removable offense.  If the maximum possible sentence is less than one year, and you were not sentenced to serve more than 6 months in jail, you may be eligible for an exception.  But you could still be removed based on you violating your status when you stopped attending classes. If you do not receive a jail sentence, then you most likely will not be turned over to ICE. Good luck, Mark
Answered on Apr 21st, 2012 at 1:22 PM

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