Re-entry to USA with dismissed Misdemeanor

Asked about 3 years ago - Fishers, IN

Hi,

I was recently charged with Class A Misdemeanor[Shoplifiting] in Indiana and I am a non-US citizen who is here on B1 Visa. I got the case Dimissed by entering into "Pre Trial Diversion Program" with courtfine and community service to do, no probation. I got 2 documents from the Clerk of court and Diversion co-ordinator:
1. ORDER OF DISMISSAL
2. STATE’S MOTION TO DISMISS.

As, my job involves frequent travel to US.So,please can somebody tell me, will I be able to re-enter USA. Will there be any issues at POE?

My attorney says as I was not convicted, there should not be any problems.

Do you need to apply for Expungement or Sealing of Records? If so how much time does it take to get this done and what is the process for this?

Please respond.

Attorney answers (2)

  1. C. C. Abbott

    Contributor Level 20

    Answered . When you appeared at the boarder it is up to the immigration officials to determine if you are eligable to enter the United States. In other words, are you admissable. Section 2129a)(2) of the Immigration Act gives one of the basis for inadmissability grounds is a conviction of a "crime involving moral turpitude." In most cases, shoplifting it itself is not determined to be a crimes of moral turpitude under the immigration law. You should contact an immigration attorney who can assist you as although you have not been adjudicated convicted for purpsoes of criminal law but may still be been adjudicated guilty for purpsoes of immigration law. Good luck

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to... more
  2. Luis Alberto Guerra

    Pro

    Contributor Level 20

    Answered . Because you have not been "convicted" for immigration purposes you should not have a problem trying to reenter with your B1 visa. Keep in mind, however, that you may have problems trying to renew your B1 visa in the future.

    As far as expungements or sealing the record, it will not matter.

    As previous attorney pointed out, it is smart to have an experienced immigration attorney on your side.

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