Suspicious Arrest and CASE Dismissed

[help.anamika2018]

Need an urgent help & fair advise.

I suspiciously charged for shoplifting by TARGET. Police fingerprinted me. I appear for court date and Judge told me no need to plead guilty. I didn’t get a conditional dismissal. I would have but Jersey City court has their own internal first offender program, so we were able to use that instead. Which is why my term was 6 months instead of a year. And which is why you didn’t have to put a factual basis plea on the record. So, the case was straight dismissed. Which is why my attorney can now file for an expungement right away rather than waiting for 6 months (as you would on a conditional dismissal).

I got disposition from court which says (i.e. PLEA : 9-No Bill -'no bill' : No Evidence)

I paid a court fee of 75$.

ALSO, MY ATTORNEY IS SAYING THERE IS NO A CONVICTION FOR IMMIGRATION PURPOSE.

Does above statement is CORRECT?

I have certain queries as follows:

Immigration:

1) Is it a good approach of going for direct dismissal of case if someone is on H1b visa ?

2)  What should I need to tell immigration officer about CASE when I go for stamping ?

3) What are my chances of obtaining green card after this case result ?

4) What documents I need to obtained from court &/or immigration attorney for visa extension, visa stamping & green card?

5) Expungement: Is there any issue if I expunge the fingerprint record?

6) Does conditional dismissal of CASE is good for H1B Visa Stamping , extension? 

Please advise.

[JimH]

Why are you paying fine and agreeing for probation of 6 months if you didn't committee the crime?

If possible go for trial and get case dismissed.

If you are paying fine and agreeing for any period of probation, it implies to immigration matters that you are agreeing for what you are charged with and can cause troubles in future.

Please note I am not a attorney and use this advice with caution.

[xTDx]

This forum or any forum is not for advice or advise in such matters. Any criminal charge , arrest and convictions should be in depth reviewed by immigration and or criminal attorneys. You should hire an immigration attorney who can work with your criminal attorney to work out the case details, possible complications and solutions. 

Just saying, you don't have to be even officially charged for a crime to be disbarred from entering USA,. A simple admission of guilt(even as a joke) or admitting committing a federal or state law in front of POE officer or DHS officer will do the trick. 

Please, hire competent criminal and immigration attorneys and they will review your case and figure out what this theft charge and subsequent arrest meant for your immigration related privileges.

 

General Answers:

- DOS/DHS and its agencies which include USCIS, consulates and embassies will always have access to your arrest and fbi records. FBI records will always have your fingerprints because state that arrested you sent it in the next 48 hours of arrest and official charges are filed. FBI being a federal agency does not have any obligation to bound to a state arrest and subsequent  expungement. 

- H1b petition is rarely denied on these kind of charges.(Unless its like a national news or something. All federal agencies can do anything in the name of national interest and security.)

- You should have certified copies of each and every court record.

- You always tell the truth to immigration officers. They already have the data.

[help.anamika2018]

When I asked my criminal attorney: Did I opted for conditional dismissal or right through dismissal:  

Let me explain this to you again for the last time as I did last week. You didn’t get a conditional dismissal. You would have but jersey city court has their own internal first offender program so we were able to use that instead. Which is why your term was 6 months instead of a year. And which is why you didn’t have to put a factual basis plea on the record. So, the case was straight dismissed. Which is why you can now file for an expungement right away rather than have to wait 6 months (as you would on a conditional dismissal). I will talk to you next week.

I feel this criminal attorney is not cooperating with me as he don't want to talk with immigration attorney.

1. Could you please share competent criminal and immigration attorney contacts from NJ? 

2. Is possible to straighten the above CASE result now ?

3. Do you see it was straight dismissal? 

Pease help

[help.anamika2018]

Hi Noah ,

I did not stolen.

I’m thinking to hire new attorneys. 

do you know any competent criminal and immigration attorney?