POE Issues or Questions with an Arrest Record..?


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Hello All,

I would like to know if someone was in similar situation like mine.

I have green card for last 4-years....

I got arrested about 2-years back for CTA fare and charged with CLASS-A Misd (theft of service)

I got pre-trial and was not charged or admit and took a class and got case dismissed, as per my immigration lawyer you are not even convicted for immigration purpose

Now I want to travel outside for a week, what will happen at POE with me ?

Should they ask just questions and see papers and let me come back easily....?

I have have few questions....

I am worried and hope they dont send me back or put me in removal, as per lawyer I should be OK but I want to check here if someone went thru same and have charged that got dsmissed and travel outside and have experience...?

Also should I apply for my citizenship right away once 5-yrs complete as this should fall under petty theft even if they count it under statue period?

I mean I am sure there are other things they see when deciding citizenship, any help will help....

:)

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I guess you will be sent to secondary inspection, and you have to wait for a while while they check your records. If you have just 1 arrest, and even if conviction resulted from that, as per the laws, you will be under the petty offense exception if the convition carries imprisonment for maximum 1 year, and the actual sentence served maximum 6 months.

You will be let go.

As for your citizenship, you should be ok, but there will be some delay in the process as well.

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Thanks, Riddhi

There is only one arrest and also it was not conviction because I went pre-trial and they got nolle pros after that. Also as per charge max possible is upto a year so it definately falls under petty theft

So is POE all well aware of petty theft and all? I am just worried and thinking if they will create extra issues for me when coming back? You experience this or any friend of yours?

Also for Citizenship, I hope there is same exception and i get thru and they dont delay, what delay yo talking about?

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  • 7 months later...

Thanks, Riddhi

There is only one arrest and also it was not conviction because I went pre-trial and they got nolle pros after that. Also as per charge max possible is upto a year so it definately falls under petty theft

So is POE all well aware of petty theft and all? I am just worried and thinking if they will create extra issues for me when coming back? You experience this or any friend of yours?

Also for Citizenship, I hope there is same exception and i get thru and they dont delay, what delay yo talking about?

hey can you update on what happened at POE

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  • 1 month later...
  • 5 years later...

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