Disorderly conduct charge impact on immigration

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I had theft charge which got converted to disorderly conduct. I have to file for green card now. Will USCIS still consider it theft or disorderly conduct. Will my GC be denied based upon this one charge.

9 Attorney Answers

Best Answer
This question is best addressed to an immigration attorney. It's best, actually, to speak to an immigration attorney before a criminal case is resolved.
Best Answer
The arrest in and of itself is not what is relevant. It is the disposition. You cannot receive a guilty or withheld adjudication of any charge for immigration purposes. Speak to an immigration attorney in your area for further evaluation and advice.
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USCIS will first look to the charges for which you were convicted to determine eligibility for a green card. At times, USCIS may look beyond the conviction to determine what crime was actually committed. Theft is a man issue as it is a crime involving moral turpitude. One disorderly conduct arrest typically does not result in a denial of a green card application. However, if you want a thorough assessment, you should take the criminal case related documents to an experienced attorney for review.
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I concur with the recommendations of my distinguished colleagues. Both charges will be visible and known to USCIS. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck.
Best Answer
Don't even think twice about it - hire an immigration attorney to handle your green card case. This needs to be handled delicately, and you need an immigration attorney to examine the specifics of your court case and how it will affect your application.
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Whether the USCIS considers the charge to be theft or doc depends on the circumstances of the amended charge, the initial police report and the final disposition of the case.
My suggestion is that you consult an immigration attorney who practices specifically in the area of immigration and criminal law.
Your options depend on facts you have not provided.
Best Answer
If you were convicted of disorderly conduct, it will be disorderly conduct. Anyone with a criminal history, even a minor one, would be foolish to apply for anything from USCIS without the help of a lawyer.
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As Attorney Leonard Boyer told you get yourself and in office consultation with an immigration lawyer and bring your certified disposition and any other paperwork you have regarding your case with you for the consultation. Of course it will cost you a few bucks but you will get the advice you need to make sure you get the best result.

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