I am a conditional permanent resident married to a US citizen and was accused awhile ago of shoplifting in IN. It was a class A misdemeanor and the punishment was 0 - 1-year max. My criminal defense attorney consulted with an experienced immigration attorney and then made the prosecutor aware of my immigration status. I was then offered a deferred prosecution (6 months) where I did not enter any guilty plea and did not admit any facts in the contract about the underlying charge. All I agreed to was paying fine, do 10 hours of community service and email the PTD director once every month (basically 6 times). After successfully completed the PTD program, the case was dismissed and expunged/sealed. But, I understand that USCIS can still see this. I have the certified court of disposition with me. I have some questions that haunt me and will sincerely appreciate it if one could help.
Is my case considered a Conviction for immigration purposes? Will this affect my citizenship prospects? I am planning on leaving the country in a couple of weeks and I am wondering if there would be a problem re-entering the country. Please help
I suggest bringing the records to another attorney if you want a second opinion.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Needs a careful legal analysis in person.
DISCLAIMER The opinion given above by the lawyer serves for educational purposes only and provides general information and 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 a case 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 the site should not be used as a crude substitute for any professionally competent legal advice by a licensed attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, laws and applications change frequently and vary greatly in U.S. jurisdictions and locales, therefore, any information and opinions expressed above remain general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in the State to obtain comprehensive legal assistance before making an informed decision regarding a particular legal issue within an attorney-client privilege setting. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
You are urged to let another competent attorney analyze your records for an accurate second opinion.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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