i have been here in this country for more than an year with a green card. i was recently charged for petty theft misdemeanor under 484 pc under $50. i barely turned 18 and this is my first offese. can i get deported for that and what can the most possible sentence?
Federal Crime Lawyer
You need to hire a lawyer who specializes in immigration and get an opinion from them before you do anything in connection with the criminal allegations. If you do not have money to hire an immigration attorney try contacting a legal clinic for advice. There are often clinics associated with law schools.
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Depends on when you were admitted to the US and other factors. If you were admitted to the US within the past 5 years and the offense is punishable by a sentence of one year of more, the short answer is yes.
I would respectfully suggest that you contact a reputable and experienced immigration attorney to assist you in this matter.
Curtis F. Pierce
Attorney At Law
Certified Specialist, Immigration & Nationality Law
The State Bar of California Board of Legal Specialization
The Pacific Center
523 West Sixth Street, Suite 348
Los Angeles, California
Tel: 213 327 0044
Fax: 213 327 0066
Criminal Defense Attorney
Ms Daly is absolutely correct about consulting with an immigration attorney. Big deals are crimes of moral turpitude. [behavior violating accepted moral stndards] Can even be misdemenors. Believe theft is on the list. Another consideration is the length of sentence.
the aabove is definitely not advice and an attempt to tell you ot to worry.
I DO NOT PRACTICE IMMIGRATION LAW. The above is what I have learned that is in relevant continuing education and from experience as well as some converations with immigration attorneys.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
I agree with my colleagues.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Theft is generally a "crime involving moral turpitude". You are subject to deportation after a conviction for a crime involving moral turpitude if (1) you are convicted within 5 years of being admitted to the US (or of becoming a permanent resident), and (2) the longest possible sentence is a year or more. If the longest possible sentence is 364 days or less AND if you commit NO other crimes, you should be able to avoid deportation.
I strongly suggest meeting with an immigration attorney, however, because you have other consequences to consider in addition to just "deportability". For example, a suspended sentence of 6 months and a day could make you "inadmissible", meaning that while you may not be "deportable", you could be prevented from re-entering the country after a trip abroad.
You should also be wary of plea arrangements that avoid a conviction for state purposes - they may still count as convictions for immigration purposes. Again, I strongly suggest consulting an immigration attorney.
Please note that he information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.