Can I get a green card if I was convicted of misdemeanor theft and placed on probation? 4 Answers as of February 07, 2011

I applied for a green card and my wife is a US citizen. I already received my work permit and travel document. I have interview next week. In 2008 I had misdemeanor theft 484a case me and one year probation. I finished everything and the case was closed. I want to know if that will affect my case or do I have to do expungement. Please help me.

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes, the conviction could make you inadmissible to the U.S. under INA 212(a)(2)(A) since its a crime involving moral turpitude. You would then need to file an I-601 waiver unless the conviction qualifies to the "petty offense" exemption found in INA 212(a)(2)(ii). You should meet with an attorney prior to your interview to discuss fully the possible consequences. An expungment will not remove the conviction for immigration purposes.
Answer Applies to: California
Replied: 2/7/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
Cases that are expunged are discoverable for immigration purposes. Your theft is considered a crime of moral turpitude and makes you inadmissible into the U.S. Please see an attorney on guidance for this.
Answer Applies to: Texas
Replied: 2/7/2011
Hugo Florido ESQ.
Hugo Florido ESQ. | Hugo Florido
Yes, you can still obtain your green card. There is a petty theft exception. You will need certified copies and a disposition of your case.
Answer Applies to: Florida
Replied: 2/7/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
As long as this is your only offense (expunged or not), this should fall under the petty crime exception and you will be OK. Please note than an expungment doesn't cancel the conviction under immigration purpose.
Answer Applies to: California
Replied: 2/7/2011
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