What to do if my asylum case was approved but I was charged with shoplifting andI now need to file for my green card?

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What to do if my asylum case was approved but I was charged with shoplifting andI now need to file for my green card?

I was granted asylum last year. I was supposed to file my green card this year but in between I was charged with shoplifting and put on diversion. I then successfully completed the program and my case has been dismissed by the court. So, as of now, I am thinking of applying my green card and I do not know what the impact of my case will be on filling for my green card. What will be the best thing for me to do at this time to get my green card?

Asked on December 23, 2011 under Immigration Law, Texas

Answers:

Dustin Bankston / Bankston Immigration Law Office

Answered 12 years ago | Contributor

Whether you have immigration consequences from the shoplifting charge depends on how it was handled by the court.  If your diversion program was pre-plea (meaning you did not ever make a plea of guilty or no contest) and you did not admit anything on the record, then you will likely not have any immigration consequences.  However, if you did make a plea or admit enough facts to prove you committed the crime, Immigration could determine that you have been convicted of a crime involving moral turpitude.

I would highly recommend that you have an immigration lawyer look at your case before you file for adjustment of status in order to make sure you can safely apply.


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