Apala Tirak

I was convicted of shoplifing in 1998 of a $18 music CD. I plead guilty to the crime
just to get leave the cops.

I got married and applied for a change of status. I have applied to INS,
fingerprinted and gone to Interview. I got a mail today saying that I need to send
them all police arrest reports, court dispositions and statute regarding possible
maximum penalty of every charge from every jurisdication.

Now I need your opinions on these:

1. Will my case be denied based on a mere charge like that?

2. What do I do next? after sending them the document?

3. where will i get these documents?

4.If the judge released one based on time served, what does that mean, does it mean
one still has to serve or you still owe the society for that crime.

5. will i be deported?

6. Tell me all i know, i am at a loss of ideas.

Jade

First of all you need to find out if shoplifting is a CMT (crime of moral turpitude.) I'm afraid that it might be. If it is it makes things a lot more complicated, and your visa could be denied. As far as the court records - you will need to get them from the court system where you were charged. You need a certified copy of the court records/disposition. This will tell what your sentence was and if the requirements of the sentence were met. You could have paid a fine, or received a sentence that was suspended and had a term of probation - whatever the judge set as the penalty for the crime you pled guilty to. They are also requiring you to get a copy of the statute. You want to make sure it's a copy of what the statute was when you were charged/convicted. It also makes a difference if you were an adult or a juvenile when you were charged/convicted and how long ago the conviction was. A CMT is a very serious thing in the eyes of the INS. You should contact an attorney if at all possible. When you filled out the paperwork for the visa what did you say when they asked you about being arrested? about crimes of moral turpitude? If you didn't tell them about the arrest your situation just got worse. If you didn't tell them it's fraud - and you will have to file a waiver in order to get your visa. These waivers are difficult to get approved - which is why you need to contact an attorney. Without knowing more details all I can do is continue to speculate.

Forcefulljack10

"Apala Tirak" <[email protected]>
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Your conviction is a CMT and is grounds for refusal. You say that you entered the U.S
and and then changed your status,How did you enter9paperwork wise) Not mentioning a
conviction on your I94w(if that was your choice of entry) will also add a willfull
fraud and misrepresentation charge to your issues. Consult an attorney.

Good luck. FJ10.