My wife is president of our business, we have been in the US for 10 years. We are antique dealers, I while working in our business bought a gold ring from a customer. A few hours later he came back with the money and said he changed his mind.
So as it was not a sale I took the money back and tore up the paperwork. It turns out it was stolen and although we don’t actually have it, because he left with the money and came back 15 mins later it’s classed as a purchase. I am being charged with a Misdemeanor in the first degree for failing to complete records and failed to obtain a photograph. I understand were I went wrong, I should have kept a copy. I am due in court in 3 weeks, charged with a Misdemeanor in the 1st. I will be fined, but will it effect my status? or my wife’s?
Possibly none, but the immigration consequences of convictions depend on the exact language of the statute under which the conviction took place.
You need to retain an experienced immigration lawyer to review all the facts, including the court disposition and the charging documents, in order to advise you, and handle the case.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Don't worry, this incident will not affect neither your our your wife's E-2 status, or any future renewals or eligibility for GC, as this incident can easily be explained by a criminal defense lawyer in a declaration, as well as a Memorandum of Law to be also attached by your immigration lawyer.
Right now, just make sure that your criminal defense lawyer either minimizes the type of conviction or makes this "go away" altogether with a "warning" or something like that. It is possible, all the lawyer needs to have is good personal connections with the city attorney's office and zealously plead your case. I did it many times in San Diego, where I was able to reduce "theft" to simple "trespass on chattels", for instance. It is doable. Work on your lawyer.
I'm assuming you have green cards. Unfortunately a misdemeanor may e a problem for your status because as green card holders you have a duty to not be criminally charged. Although it's not a serious charge, when you go for your citizenship it will be seen as " crime of moral turpitude" which is sometimes a bar to be a citizen. Definitely go to an Immigration attorney to see the ramifications. I'm an Immigration attorney in Tampa and you can let me know if you need my help.
