am an international student with F1 visa
i got charged with petty theft misdemeanor of 30 dollars value, it was my only time and i didn't go to jail i just got a ticket with court date,i completed my probation program "10 hours community service" before the court take place after asking the attorney office. i expunged my file so the stupid mistake don't destroy my future.
am leaving to my country for the summer and am coming back using my old visa, i will be back 3 weeks before it's expire to complete the last 25 hours of my degree.
when i did the probation i have been told that after I complete my probation if anyone asked have you been arrested i can say NO.
when anyone reenter the US they usually ask have you been charged with a felony, or arrested.
WHAT MY ANSWER SHOULD BE??
If you received a ticket, your prints will not show the event. I would not worry about being asked at this time.
If I understand you correctly, you were ssued a ticket only, you were not arrested! Expungement is not good for immigration purposes. Since you are charged and no conviction, you have nothing to worry about. make sure to work with your criminal lawyer to have the charges dismissed against you. If asked always explain what happens.
Elkhalil Law Firm, LLC
Disclaimer: This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.
It does not seem that you were arrested. If you were, you should answer the truth. It is more damaging to lie than to have a minor conviction.
pay attention to the fact that petty theft is a Crime of moral turpitude. While this may not affect you this time, whatever you do, Do Not get into any more criminal situations, especially while you are not yet a citizen.
I totally disagree with the other attorneys. If you had an expungement then you have a petty crime on your record for immigration purposes. You must say yes and explain your error. Also chech your record through a fingerprint check in Florida to know in advance what us showing up.
I agree with attorney Deborah. If you were given community service, it means you went to court and plead guilty to the petty theft, yes? If so, then you are convicted of a crime and you must answer as such on entry documents requesting that information. Read the questions carefully, but don't try to hold back information by being clever with your answers. It appears you have been convicted of a crime and an expungement will not erase that fact for immigration purposes. You should keep a copy of your immigration records with you when traveling so the facts are clear. It may be worth seeking legal advice and paying for someone to go over you documents with you. Kind regards, Allan
This information is general in nature and is not legal advice to be relied upon for any particular matter.
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