QUESTION
Will a theft charge affect my immigration application?
Asked on Oct 14th, 2011 on Immigration - California
More details to this question:
I had a charge of theft by taking and arrested for it. My case is pending and I had no court yet! My status is asylum and I want to apply for green card i485. Can I apply now or do I have to wait until the sentence is issued? In the application they ask you about arrests! So they will be able to find my record that shows " theft by taking" even if I plea not guilty. Can this affect my application?
8 ANSWERS
Personal Injury Law Attorney serving Pooler, GA
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Jarrett & Price, LLC
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Yes. A charge of theft is especially concerning because it is a crime involving moral turpitude. You need to speak with an immigration attorney and a criminal attorney who is familiar with the immigration consequences of a theft charge.
Answered on Oct 17th, 2011 at 3:43 PM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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Yes, it can, though you may be eligible to expunge it.
Answered on Oct 17th, 2011 at 2:43 PM
Assault Attorney serving Richardson, TX
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The short answer is yes, there can be serious implications from a theft conviction. Seek help before pleading to the theft case. This is a major problem we encounter often.
Answered on Oct 15th, 2011 at 2:47 AM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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It is important that your criminal and immigration attorney coordinate with each other. If you don't have both of these you need to retain them immediately. You are unlikely to get a final grant of permanent residency until the theft case is resolved but it is important that you not plead guilty to something that would make you deportable or ineligible for permanent residency.
Answered on Oct 14th, 2011 at 10:17 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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In general one theft conviction will not affect your chance for green card, especially you have asylum status.
Answered on Oct 14th, 2011 at 4:10 PM
Litigation Attorney serving Goose Creek, SC
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Miller | Conway
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A theft crime can negatively affect your case (especially if the charges carry a sentence of greater than 1 year). My advice would be to find a law firm that handles both criminal and immigration matters. Having the charges dropped/reduced will likely help your circumstances.
Answered on Oct 14th, 2011 at 4:02 PM
Yes, your arrest will have an affect on your adjustment application and you should consult with an experience immigration attorney who needs to examine the specific charges before you file an application.
Answered on Oct 14th, 2011 at 3:50 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You need to schedule an appointment now with a competent immigration attorney specializing in criminal and removal.
Answered on Oct 14th, 2011 at 3:33 PM