My friend got involved in a shoplifting case of 200$ in Illinois,USA in April 2012.He pleaded guilty and paid fine in the court on may 9th, 2012.The case is closed and was in supervision for few months.Now the details of the case are still available in the records. Will this affect while travelling to India and coming back in the port of entry? Please suggest.
My friend is in OPT VISA status. The case comes under ordinance violation and was in supervision for 1 month.The case is not yet dismissed from the records.
It shouldn't. Of course, there is no guarantee.
You don't state what US status your friend has. Depending on that and the particulars of the conviction, he may have a problem.
It all depends. Is this the only conviction? Have your friend take all of his/her criminal dispositions to an experienced immigration attorney in the area.
Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.
Criminal Defense Attorney
Yes, it may upon further review by the interviewing CBP officer.
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Your friend should know that an IL supervision counts as a conviction for the purposes of immigration, because it requires an admission of guilt. Even though IL courts and police will not view this as a conviction if supervision is successfully completed, immigration authorities always will. Keep certified dispositions of the case for any future immigration applications.
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Theft, even petty theft, is a crime involving moral turpitude. So YES it can prevent admission. On the other hand, if it is a misdemeanor, and the only CIMT on your friend's records, your friend may qualify for a petty offense waiver. I strongly suggest that your friend consult with an immigration attorney familiar with petty offense waivers.
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.