1st Petty Larceny charged Dismissed in VA . Planning to travel Canada on GC , possible issues at POE ?

Asked over 2 years ago - Fairfax, VA

I was charged with Petit larceny in VA last year(no prior conviction record) .Hired attorney, appeared in court and pleaded NOT GUILTY. Judge ordered DEFFER DISPOSITION to complete community service in 4 months, with no jail sentence or probation . Completed my 50 hours of community service and class on time . Case is disposed and charges are dismissed now. I have dispostion papers from the court . My lawyer told me there would not be a problem since i was not convicted but i am worried about POE back to US (Because i read immigration see it differently) . Traveling in 1 week . Am i eligible for petty offense exception ? What documents i need to carry to prove myself eligible for it . Are there chances of being inadmissible at POE by immigration ?

Attorney answers (2)

  1. Jennifer Sheethel Varughese

    Pro

    Contributor Level 15

    3

    Lawyers agree

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    Answered . You are correct - immigration laws are different from criminal laws! As such, a deferred disposition is a conviction for immigration purposes contrary to what your counsel told you. Carry a certified court disposition with you. A letter from an immigration attorney, explaining the petty offense exception and its applicability here, would be helpful as well.

    Disclaimer: This answer is for informational purposes and does not take the place of a consultation with an... more
  2. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

    Answered . You should carry all your records. It may help if you had a legal memo from an attorney.

    Good luck.

    Dhenu Savla
    SwagatUSA, LLC
    www.swagatusa.com

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