Immigration Issues/Immigration law ... Please help
Hi, I was in F1 visa doing my undergraduate when I got caught. I just finished my masters and right now I am in OPT doing my internship. I think, the jail term was 1 year but actual sentence was only 4 days for which I paid fine. I initially came to US on Dec 1997 and later after that incident I went to my home country and came back without any problem. But I am not sure what I have filled in the form that you fill out at arrival time at airport. Am I in trouble? My lawyer told me that my case is expunged. Please help and let me know if you need any other details.
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I and a friend were caught for changing a price tag in a store when we were in college 7 years ago. I even did not own the product, my friend did. It was the most stupid and terrible moment I was ever involved in. To the best of my knowledge, the price reduction resulting from the tag switch was around $30 or less. I was aware of the plan, and actually paid for the product at the cashier. At that time I went to court and plead guilty since I was not aware of any consequences or dilemma. I paid fine and thought it would take care everything (I was naÔve yet stupid college kid). Later after finishing my college, when I was applying for some full time position, came to know that there was some negative background in my record. I had to sacrifice all the good job offer I had that time. Immediately I consult and hired a criminal lawyer and after 2nd appeal, court sealed the record. But right now Iím worried about immigration dilemma. Because of the immigration fear, I have not even gone back to my home country for more than 5 years. I heard or read somewhere that even your case is expunged (sealed), it would not affect anything with immigration. In immigrations point of view, it is still a moral crime and they may deport or deny your re-entry application. I am really desperate and eager to resolve my situation. Please help if you know any way to clear it from immigration record. I would appreciate any kind of help you. Thank you and hope to hear from you soon.
It would help greatly to provide information of your immigration status before I can provide you advice. Type of visa, term, date of entry, etc.
First, it doesn't matter if your record was expunged under Immigration law. You committed a criminal offense.
Second, if you failed to provide this information on your visa, you are deportable.
Third, as a non-immigrant, you must abide by terms of your admission, obviously committing a criminal act is a violation.
Although you were not removed after you served time, does not mean it won't catch up to you eventually.
If you have overstayed your visa or in any other way violated the terms of admission, such as working without authorization, you can be banned from future entry into the US. And yes, you can be denied entry into the US at the port of entry although you have a valid visa in your possession. Just depends how thorough the inspector is. And if you do get past the inspector, you still have ICE to consider who is responsible for interior enforcement. If you come to their attention through school checks, worksite enforcement, or responding to police calls, you could have serious problems.