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    helpdesk18's Avatar
    helpdesk18 Posts: 8, Reputation: 1
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    #1

    Oct 31, 2009, 02:40 AM
    Caught shoplifting
    I want to thanks this site first of all for giving us the opportunity to get free answers.
    I was caught shoplifting is sears about a month ago.. they called the cops I got arrested. They took my finger prints and photos. I was bailed out for 50$. They gave me a court date which is next month. I'm very scared, becaused I'm not legal in the us.. I'm an overstayed visa status.. I don't know what to do.I stole about 60$ worth of clothes. Could I get deported, what should I do when I go to court? What are they going to tell me? I'm so scared. I hope to get an answer as soon as possible. Thank you!
    My dad is a us citizen.. and my mom a recidence I just turned 19 a couple of days ago.. could this help me?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 31, 2009, 07:53 AM

    If you are illegal and now have been arrested, yes, you could very well be deported. This charge also makes it appear that you don't care for or follow rules - illegal and shoplifting?

    I would not attempt to handle this without an Attorney.

    The status of your parents matters little at this point if YOU are illegal.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #3

    Oct 31, 2009, 09:05 AM

    Don't go to court without an attorney... this may lead to deportation. If your dad is a USC, did he file I-130 for you?
    helpdesk18's Avatar
    helpdesk18 Posts: 8, Reputation: 1
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    #4

    Oct 31, 2009, 09:16 AM
    No he didn't yet.. because of lack of money. We were going to do that soon. Once we had the money all togther. Now I made this stupid decsion and I'm in this huge problem.. and my parents have no money to pay an attorney. Do you know what usually happens in court?

    Thanks for your answers by the way
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Oct 31, 2009, 11:14 AM

    You will undoubtedly be fined for a misdemeanor and the info will be turned over the INS - you may even be held by the local Court for the Immigration authorities.

    I'd find assigned counsel/free counsel.
    helpdesk18's Avatar
    helpdesk18 Posts: 8, Reputation: 1
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    #6

    Nov 1, 2009, 02:03 PM
    Meaning they won't let me go.. until immigration come and deport me?
    Can they do that?do I have the rights to defend myslf against a deprtation?wt are the odds and can fight a deportation?
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
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    #7

    Nov 2, 2009, 02:20 PM

    If you are in deportation (removal) proceedings, you must have a ground for relief from removal for the Immigration Judge to allow you to stay. As of right now, you have nothing filed. Its $355 filing fee for your father to file the I-130. File now. USCIS - Petition for Alien Relative
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
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    #8

    Nov 2, 2009, 02:21 PM
    Quote Originally Posted by helpdesk18 View Post
    meaning they wont let me go..until immigration come and deport me?
    can they do that?do i have the rights to defend myslf against a deprtation?wt are the odds and can fight a deportation?
    I agree with Lawanwadee, find a good attorney.
    helpdesk18's Avatar
    helpdesk18 Posts: 8, Reputation: 1
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    #9

    Nov 2, 2009, 09:42 PM
    Thank you so much! I'm in Ny actually. So I deff need an attorney right?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Nov 3, 2009, 06:29 AM

    Yes, that's what EVERYBODY said.
    helpdesk18's Avatar
    helpdesk18 Posts: 8, Reputation: 1
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    #11

    Nov 4, 2009, 07:58 PM
    In most cases like mine people get deported?
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
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    #12

    Nov 5, 2009, 06:48 AM

    It depends on two things: (1) what relief from deportation do you have--father's I-130 petition, and (2) the exact circumstances of the case and your fathers filing to see if it is not a ground of inadmissibility or you have a waiver for it.

    For the first one, your fathers petition and priority date wait changes depending on your age and marital status. For the waiver, it depends on the exact criminal charge and whether you meet the standards for the waiver.

    Your case is too complicated for you to go pro se, you need to consult with an attorney. If you are in NY, call . Good luck.
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
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    #13

    Nov 5, 2009, 10:37 AM

    Just wanted to apologize publicly to JudykayTee. I recognize that she provides good and valuable answers to many questions.
    helpdesk18's Avatar
    helpdesk18 Posts: 8, Reputation: 1
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    #14

    Nov 12, 2009, 11:42 PM
    Thank you DCcityboy:)
    I was really shoplifting with my friend that day.im 19.shes 17.. we stole about 60$ each.. we both got arrested.. and a court date.. I can't afford an attorney.. :(
    I really don't know what to do in this case.. I heard they gimme one at court.. but I'm really scared to go without one because I could get deported & I don't want that.. I came to this country 6yrs ago.. with a visa but it expired and I stayed in the country.. but dad is a us citizen but didn't file my residence yet because we didn't have the $ to do so. :(
    Now I don't know if I would still be able o file my residence.. or get deported.. in most cases like this.. people get deported?
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