Legal Question in Immigration Law in California

I was caught for stealing stuff worth $500. I was arrested and got out on bail for $10,000. I was charged by MISDEMEANOR,this is my first case,I had 2 court dates and the result of the case is I got 2 years probation and 1 day server jail time. Since I got already arrested on the day I was caught, I have to serve 2 years probation. I am on H4 and I am a house wife. During my case period I started volunteering and also took the theft awareness class. This was suggested by the Criminal attorney which my husband hired for me. The question what I have is what is the impact of 2 years probation on my status in USA. Also if I want to go to India and come back, is there any possibility that I could be denied entry to USA. Please let me know ASAP. I have the next court date to decide whether I want to accept the 2 years probation or shall I go for trial.

Thanks in advance.


Asked on 8/04/09, 4:07 pm

3 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

To respond to this question has very serious consequences. It should be responded to specifically based on the charges against you. I would need to see the papers with the charges pending against you and determine whether by pleading to them under the California Penal Code would be admission or conviction of a crime that could make you deportable.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, phone at 818 609 1953 or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

A ?Super Lawyer? 2004 ? 2009, Los Angeles Magazine

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Answered on 8/04/09, 4:16 pm
Luba Smal Smal Immigration Law Office

A lawyer will need to see the charding documents and review the actual criminal Statute you are being charged under.

Yes, this can have very serious consequences for you. Generally, a theft is a crime of moral turpitude which can make a person inadmissible or deportable.

You shall discuss this situation with your criminal defense attorney.

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Answered on 8/04/09, 4:33 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Depending on the specific code section of which you were convicted, and on your entire criminal history, this can potentially affect your immigration status and the decision you make in court. We would need to look at your criminal and immigration history to determine what your options may be.

If you'd like to make an appointment with us to discuss your case further, we offer a FREE initial consultation.

Please call me at 714 288 0574 or email me at [email protected]. We can provide payment plans if necessary.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 8/04/09, 7:04 pm


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