It is also important to understand that the petty offense exception can apply to only one offense. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. I hired an attorney and we pleaded 'not guilty' and the case was dismissed. Shoplifting, defined at Penal Code § 459.5, can occur in every socio-economic class, including legal immigrants, whether they be legal permanent residents, visa holders (such as on student visas or work visas), asylees or refugees. Many state and municipal statutes have separate criminal and sentencing provisions, and you will need to make sure to include both so that you can prove that the maximum sentence fits within the exception. you personally were sentenced to no more than six months imprisonment, regardless of the amount of time you actually served. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. What Punishment Do I Face for Shoplifting? There is no simple answer to your question. The contact form sends information by non-encrypted email, which is not secure.
or if you are defending against having your green card revoked. A dismissed case is not a "conviction" for immigration purposes.
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Like all criminal issues in immigration law, however, the petty offense exception is complicated and its application depends on your crime, the eligibility requirements for the immigration benefit you are seeking, and other details of your case. The attorney may also want to negotiate the case down to a trespassing charge (Penal Code § 602) or a disturbing the peace (Penal Code § 415). Even when there's no conviction, but you made an admission, USCIS can use that admission against you. In order to show that your offense was a petty one, you will need to provide the U.S. government official who is ruling on your immigration application with: Procedures for obtaining a certified record of your conviction vary from court to court.
Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The petty offense exception provides a way for immigrants convicted of certain crimes involving moral turpitude to remain eligible for admission to the United States.