Legal Question in Immigration Law in New York

Application for permanent residency

I came in USA in 2004 on H4 VISA,dependent on H1 with my Husband.I was Charged in case of Petty Larceny,in Jan 2005,NY.I was releived of that accusition.I have now got certificate of disposition from court.My Question is I have to apply for Permanent Residency in 2006,in the form it asks me ,whether I was arrested after coming to US or not.Should I say Yes or No to this question cause If I say Yes it may be a problem for me to get Residency.


Asked on 9/25/06, 6:37 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Application for permanent residency

You must answer all questions truthfully on your application to become an LPR(lawful permanent resident). Petty larceny is considered by U.S. immigration authorities to be a so-called CIMT(crime involving moral turpitude) and a conviction for such an offense could result in the denial of your application for permanent residency.

You would, therefore, be well advised to consult with an attorney who is knowledgeable in criminal as well immigration law before submitting your application.

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Answered on 10/02/06, 7:37 pm
Patrick Klauss Berd & Klauss, PLLC

Re: Application for permanent residency

Dear Madam,

On all immigration applications it is advisable to answer all questions trithfully. From what you describe, it seems as if your case has been dismissed. If that is the case, then the disposition stating this will be sufficient to explain your arrest.

It is advisbale to consult with an experienced immigration attorney before applying for your permanent residency.

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Answered on 9/25/06, 9:34 pm


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