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Question for the immigration and for criminal law?

Fort Collins, CO |

On September 9th 2008, my friend and I went to a clothing store named "Rose" where we bought some clothes. We paid and headed towards the exit door, when the theft alarm started to sound off. At that time a female approached us and asked to see what was inside our bags. We told her that our bags contained some clothes, a pair of shoes and other miscellaneous items. The female then searched the bag and found some new clothes, so she asked if we had a receipt. I told her that we had bought some clothes from the "Rose" store. When I asked my friend about the receipt, he told me that he threw it away and that he didn't know he was supposed to keep it. The female employee and two male security guards didn't believe us and said that if we admit to taking these items from this store, they will resolve this matter. We told them again that we purchased such items from another store, but they said that if you admit to taking it from this store we will resolve the case; otherwise, we will call the police. When we stood by our statement, the security guards called the police. When the police officers arrived, they asked where we got the items from. We told them again that we purchased the items from another store and that we don't have a receipt because my friend threw it away. We told the police officers that we didn't know laws in the USA. The police officers told us that we are under arrest for theft and that we must accompany them to the police station. They then put each of us in a separate police vehicle and drove us to the police department. They also confiscated our bags. We were then processed for pre booking. The police department officials told us that we can either stay in jail or pay a release bond and appear in court on October 18th 2008.We paid the bond, but told them that we must leave the USA by October 8th 2008 due to our flight schedule. The police department officials then gave us a phone numbers and told us to coordinate with the court personnel to change our appearance date. We told the police that we must leave on October 8th 2008, because our J1 Visa is only good for four months. No one really cared for what we said so we had to leave on October the 8th 2008 in order not to violate US immigration law. This caused us to miss our court date. Then in 2010 we send letter to the court like this to explain what happened and the court send this to us We received your letters today and have dismissed the cases. The warrants have been quashed, de-activated, and the cases have been closed. What is that mean in law we convicted in petty theft or we are not guilty because my friend he applying for adjustment status and they ask about the criminal history

is this issue will effect my adjustment status to get green card?

Attorney Answers 4

Posted

Yes it will. Retain a locally situated criminal counsel in Colorado to review your criminal case and use appropriate measures to complete it. Also, the criminal record will definitely affect any of your future immigration applications, especially AOS.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602

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Posted

If what you are saying is correct, you were never convicted, and the cases were dismissed. Your criminal history will show that you were charged of these crimes, but it will never show a conviction.

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Posted

I would still hire a criminal defense attorney to seal your case and an immigration attorney to handle the immigration process.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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Posted

I agree you need to speak with an immigration attorney, but you also need to confirm the status of your criminal cases. While Colorado law allows for sealing of your records if your case was, in fact, dismissed, law enforcement agencies will still have access to biographical information and the federal government would also have access to your records. You will definitely need the guidance of an immigration attorney to resolve these issues.

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