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Does a Disorderly Conduct Charge affect Immigration?

Bronx, NY |

I was arrested for shoplifting in the USA recently. Instead of getting an ACD my lawyer asked the DA for my charges to be reduced to disorderly conduct and i did 4 days community service and paid a fee of $120 and one year probation. I was foolish to have committed such a crime, I am suppose to be returning to the USA in January for my masters. I have not lost my scholarship but i am worried if i will be denied entry in January and if it is best to wait it out until my probation is up. I do not hope to lose my scholarship and i do not know what will happen if i have to reapply and disclose that i have been arrested. Can i still be denied entry? Also i Am worried to death that i will be tortured by immigration to find out all the information about the case. I have a deposition letter.

Attorney Answers 3

  1. Disorderly Conduct will not hurt your immigration. However, I don't understand why your lawyer didn't want an ACD.... it would have been dismissed and sealed 6 months earlier than your Disorderly Conduct will seal.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  2. Disorderly conduct generally would not be considered a crime involving moral turpitude, so it should not render you inadmissible to the US. Any arrest, however, can give rise to questions at the point of entry.

  3. Your conviction shouldn't be a problem ... EXCEPT for the fact that you're not in the US and have a 1 year probation ... did you get written permission to leave the state?

    You should consult with an immigration attorney ... many use Skype ... before attempting an entry to the US.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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