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Will the shoplifting case in records affect while travelling back to US from India in port of entry?

Chicago, IL |
Filed under: Immigration Shoplifting

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.

Attorney Answers 6

Posted

It shouldn't. Of course, there is no guarantee.

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Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

That may not be accurate as any admission on any non immigrant visa is always discretionary.

Posted

You don't state what US status your friend has. Depending on that and the particulars of the conviction, he may have a problem.

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Asker

Posted

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.

Posted

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.

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Asker

Posted

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.

Asker

Posted

yes this is the only case in his records.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

A reasonable note.

Posted

Yes, it may upon further review by the interviewing CBP officer.

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

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.

This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.

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Posted

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.
SwagatUSA, LLC
www.swagatusa.com/attorney

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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