I was arrested and charged with shoplifting. My defense attorney said that if I agree to plead guilty and stay on probation for 1 year, my guilty plea will be set aside at the end of my probation, and I will have no conviction. I am in H-4 status and am getting ready to apply for a green card. Should I be concerned about my record?

Answer

You should consult with a knowledgeable immigration attorney about possible immigration consequences of your criminal record. Although you may have no conviction under the state law as a result of your successful probation, you still are likely to have a conviction for the purposes of immigration law, which potentially may make you inadmissible (i.e., not eligible for a green card). The attorney may suggest other possible options that will mitigate or eliminate the effect of your record on your eligibility for immigration benefits. (25.Sep.2024)

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