Green Card - Inadmissibility - Municipal Ordinance

[navbharat]

A person is charged with a minor theft. The police arrested the person and took finger printing. The case was tried in the municipal court. This was the first time incident. The person pleaded guilty. Finally, the court disposed the case and declared the act as petty disorderly person. Court downgraded the case as violation of municipal ordinance. The person paid the fine. The person has green card for last three years. The person is planning to visit India.

Question:

• Will there be any problem while re-entering the US at the immigration counter (Port or Entry)?
• Will there be any impact on his US citizenship application?

[txh1b]

Seems like the person got the final judgement as disorderly person. What did he plead guilty to? Theft or disorderly conduct?

It is very case specific. Acceptance of guilt for a crime is also punishable by CIS sometimes even if the final disposition was different. This person will not have problems entering with the GC but may have during Naturalization.

[navbharat]

Thank you very much Mr. txh1b.

Apprreciate your response!!!

The person pleaded guilty to the theft. The theft amount was minor. Moreover, it was a first time incident by the person. Municipal court treated this as a violation - disorderly behaviour. (This is the lowest category violation). In the case disposotion letter, the court mentions that Petty Disorderly Persons and Disorderly Persons Complaints are not crimes in the state.

With these details, do you think it will be a problem at the port of entry Or during citizenship application.

[txh1b]

He may qualify under petty exception category and disordely conduct is not a CIMT but theft is. A professional consultation is necessary with a qualified immigration attorney.

Accepting a CIMT may also be used against the individual by USCIS to deny. If the court disposition letter has no theft mentioned, he will be fine. If not, some immigration attorney getting involved will be the best option.

[navbharat]

Thank you very much!!!

The court disposition letter does not mention Theft anywhere. It says:

Violation: Disorderly Behaviour.
Sentence/Findings: Guilty Plea/Guilty Finding
Driver License Suspension: No
Petty Disorderly Persons and Disoredrly Persons Complaints are not crime in the state.

The person will certainly discuss the matter with qualified immigration attorney.

As mentioned earlier, the person is planning to go out of country for vacation.

With this background, do you see any issue the person can have while entering into US at port of entry?

Again, appreciate your valuable comments on this matter. These are really helpful.

[txh1b]

I don't see any issues.