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Question about Charge of Theft and Immigration, I was arrested for charge of theft but case was dismissed after I took class

Chicago, IL |

This is how much final court disposition looks.
**Bond Set**
**Continuance by Order of Court**
**Case Advanced**
**Motion DEFT - Continuance - MD to Attend Theft DET PROG**
**DEF Demand for Trial**
**NOLLE PROSQUI
D COMP THEFT DET PROG

So this is how it looks, I checked with lawyer he mentioned no issues at all as it was nolle proesui however how immigration takes it?
Is there any way immigration takes this as conviction , I did not plea or anything just took class and this is how my court disposition looks.
If I travel to my country and come back what can I expect? Is there any chance they wont let me in back and consider this conviction?

I am an LPR and worried alot about it and need some guidance.

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Attorney answers 4

Best Answer
Posted

Immigration takes it badly but you qualify under the petty offense exception.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

Thank you sir, so no issues at POE ? I am just worried if they don't let me enter back if I go out?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Not on the facts presented.

Asker

Posted

Thank you, as my only fear is POE travel issues. I hope I come back easily.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Good Luck. Best answer vote will be appreciated.

Asker

Posted

Thank you sir, so just carry court disposition and if they asked show that and that should be sufficient right? Again thanks for help...

Posted

no issues at all

Asker

Posted

Thank you sir, so no issues at POE. I am just worried if they don't let me enter back if I go out?

Posted

I agree with Attorney Segal.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

Posted

I do these all the time and it is as good as a "not guilty" finding. You have to handle it properly in your immigration application and interview, or else you could muck it up. If I can be of assistance let me know. I also note that a couple of other lawyers have told you immigration takes this badly. You are in Chicago and I know that you went through the Theft deterrent school and had your case dismissed without admitting the facts alleged. I have had many similar cases in my practice, in Chicago,, including felony retail thefts, where the individual received a Green card, adjusted status to citizenship, or have traveled out if the country and back without trouble. The attorney that told you to bring a copy of your disposition with you to show POE that the case was dismissed gave you good advice. Do that and you will be fine

Asker

Posted

Appreciate your detailed response. Thank you Sir

Asker

Posted

My citizenship is due later this year, should I just file as my arrest would be under last 5-year of period but I hope I can proof GMC as I am working professional who pays taxes, all and just had one bad arrest due to friends mistake who forgot to pay the fare. I hope I dont have to wait 5-years after arrest for citizenship.

Steven Andrew Kozicki

Steven Andrew Kozicki

Posted

you are presumed innocent, and you did not plead guilty. This case should not cause a delay. however, I would recommend that you take someone like me with you when you do your citizenship test and interview and you application to adjust status so you don't snatch defeat from the jaws of victory. if you felt my comments have been helpful, please go on AVVO and rate me.