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-   Immigration Law (https://www.askmehelpdesk.com/forumdisplay.php?f=167)
-   -   Citizen with minor conviction (https://www.askmehelpdesk.com/showthread.php?t=205568)

  • Apr 14, 2008, 12:41 AM
    sunny29978
    Citizen with minor conviction
    I will be eligible for Citizen next Feb, 2009 , unfortunately I was involved in Shoplifting incident and was granted 3 years probations . Does anyone know that could I apply for Citizen right away? Or do I need to wait until I have to complete probation? As time is mature , do u think Immigration laws will change to be more strictly from now on with anyone who has criminal records and they will deny all cases like mine ? My convictions was petty theft. Anyone outhere who had the same situation like mine before and was successful with Citizen , please let me know ASAP. My email is : [email protected]. Really appreciate this
    Emily
  • May 31, 2008, 08:19 AM
    sunny29978
    Deportation if just one shoplifting conviction?

    Hi
    Can someone answer me this questions: Can Immigration deport someone if they just have only one shoplifting convition ? No jail time , just 3 years probation?
    Any one can help outthere , please answer,
    Thanks
  • May 31, 2008, 08:24 AM
    progunr
    I believe that any illegal immigrant should be deported, period.

    I see no reason we should have to wait for them to commit a crime.

    Not a popular opinion, but I'm not concerned with being popular.
  • May 31, 2008, 11:16 AM
    Fr_Chuck
    What is the status of the person. What type of VISA are they here for.
    But can they? Yes, will they? Most likely not.
  • May 31, 2008, 11:52 AM
    lawanwadee
    Quote:

    Originally Posted by sunny29978
    Hi
    Can someone answer me this questions: Can Immigration deport someone if they just have only one shoplifting convition ? no jail time , just 3 years probation?
    Any one can help outthere , please answer,
    thanks

    What is your legal status?

    If you overstayed the visa or entered US illegally, you will be deported.
    If you have non-immigrant visa such as student visa or work visa, you will have to go through process like everybody else, after that you will be deported.

    If you are permanent resident, deportation will not be immediate, BUT this small issue will trigger your legal status when you apply for naturalization. You will need a very good immigration lawyer by then.
  • May 31, 2008, 12:31 PM
    sunny29978

    This person has a green card and currently a student and fulltime employed. December -08, will be eligible for Citizenship test. Now don't know what to do, shoplifting with only 300$ can cause a deportation or not? Please answer
    Thanks
  • May 31, 2008, 12:35 PM
    Fr_Chuck
    Most likely no, but it may delay the citizenship to be sure he is going to be law abiding, He needs to check with the immigration attorney he was using
  • Jun 5, 2008, 06:26 AM
    sunny29978
    Background check
    when we apply for a job, can employer see our record if we convicted one misdemeanor for long time ago and it was also expunged?
    I study to become an Accoutant and had one shoplifing conviction, now just wondering if I am going a apply a job and will they see it if they run for a back ground check ?
    Anyone outthere know this , please help
  • Jun 6, 2008, 05:57 AM
    excon
    Hello s:

    If it was expunged, it should not be seen.

    excon
  • Jun 11, 2008, 07:45 PM
    sunny29978
    Government jobs
    I am going to apply for an Accountan position in Government , but 2 years ago , I was involeved in one shoplifting , it was expunged for long time. I am wondering that will they accept me to work in Government or not? Will it show on my record or not , can the employer see this ?

    Someone out there can help me out with this, please let me know
    Thanks
  • Jun 11, 2008, 10:20 PM
    charlotte234s
    It shouldn't show if it was expunged, but the government has it's own system of looking into the background of people, so they may find it, they may not.
  • Jun 12, 2008, 05:38 AM
    excon
    Hello sunny:

    I'll bet they find it, and I'll bet they won't hire you.

    excon
  • Jun 12, 2008, 08:15 AM
    JudyKayTee
    Quote:

    Originally Posted by excon
    Hello sunny:

    I'll bet they find it, and I'll bet they won't hire you.

    excon



    And I'll bet Excon is right.
  • Jun 12, 2008, 09:13 AM
    twinkiedooter
    I second that Excon is right about that one. They'll find it. Would you expect the government NOT to in this day and age?
  • Jun 12, 2008, 07:02 PM
    sunny29978
    Fine, I don't need it either . When they interview me , I would tell them the truth about the past. I don't think they would take that as a big problem, Plus if they really need a person who qualified for their position , not try to find the mistake from long time ago, and that was not even worthed. Do u know what I mean ?
  • Jun 12, 2008, 07:21 PM
    Fr_Chuck
    I will give you an example, I just filed out two government applications tonight, they asked was I ever arrested if not convicted, If I was ever arrested and it explunged, was I ever locked in a detention cell, was I ever in a line up. And I will have to do a polygraph to verify all of the info.

    If you are also applying for any position that has a national security rating, they will see any arrest even if dismissed or explunged.

    So if you are going to be an accountant for the city of bohunk West Va, OK most likely they will not see it officiall anyway. But if you are looking at the IRS, or some state department, yes most likely they will see it.
  • Jun 14, 2008, 06:09 PM
    JimGunther
    Some government jobs won't accept you for such things as bad credit, of course it varies. In my state, an arrest record cannot be expunged, only a court record. That means anyone who has access to arrest records will see it. And, of course, it depends on how the question on the application is worded. I have seen it worded "Have you ever been convicted of a crime that was not expunged." Good luck and I would be honest with the agency on the matter. There is no record of a conviction if it was expunged properly.
  • Jun 15, 2008, 07:27 AM
    JudyKayTee
    Quote:

    Originally Posted by JimGunther
    Some government jobs won't accept you for such things as bad credit, of course it varies. In my state, an arrest record cannot be expunged, only a court record. That means anyone who has access to arrest records will see it. And, of course, it depends on how the question on the application is worded. I have seen it worded "Have you ever been convicted of a crime that was not expunged." Good luck and I would be honest with the agency on the matter. There is no record of a conviction if it was expunged properly.


    And I am seeing applications that say "Have you ever been arrested for a crime?" Nothing about conviction or anything else, just "have you ever been arrested."
  • Jun 15, 2008, 10:44 PM
    JimGunther
    Of course you will see applications that ask all kinds of things. I have never seen one that one of the previous responders mentioned, it asked "have you ever been in a lineup?"
  • Jun 15, 2008, 11:20 PM
    sunny29978
    I think I have to be honest if they interview me for the Government jobs. I have to let them know that I was involved in one shoplifting long time ago. And offcourse it will up to them, they will accept me or not. But I do believe that with my experiences , plus my desire to be a hard working employee, they will accept me as a good employee for them.

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