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View Full Version : Immigiration experts - please help.


UsaImmi
06-16-2010, 10:24 PM
Please advise me.

Recently, I was cited for Disorderly Conduct in NJ. The Summon is for NJSA 2c-33 2a (1). I am currently in a H1-B visa status. I am resident of virginia.

Even though this is my first offense I hired a Defense lawyer to tackle it. I have been reading that if its a first offense then - just a small fine would get me off this. I don't know how true is this and I really am scare about this whole incident.

But what is eating me day and night is about the Employment and Green Card. Regarding employment, I have seen and learned that lot of the employer requires background check. In my case, if I am not convicted will this show up on background check and if it comes up will the employer ever give a chance to explain or would just outright deny the employment.

I asked my lawyer, he advised to seek immigration lawyer help since he does not know about immigration law.

The option for this summons would likely be, as my lawyer says -
1) Pull off to some municipal ordinance violation - If I take this option then I can only expunged it in 2 year, which is a long time to take off my record. I am an IT Contractor and usually the assignments are for 6 month long and I am sure to have background checks.

2) If the case is dismissed, then this charge would stay in my record for 5 years and would be able to expunge it only after 5 years.
And I am scare that these 5 years periods will jeopardize my career. I plan to go to MBA next fall (and I believe even schools check for background check, if so can I ever expect to get into good MBA schools in USA within this 2-5 years till the record is expunged?)

In any of these above option, arrest and charge record would show up no matter what. I am not sure what to do and how to handle. I am all lost in here.

Please advice; I would seriously appreciate your time. Also, please let me know what else my lawyer could do to solve this matter.

UsaImmi
06-17-2010, 03:50 PM
Hi, Is there anyone who could advise me on this matter ?

UsaImmi
06-18-2010, 11:30 AM
Is this not an appropriate forum for my question ? any suggestion where should it be then ?

smuggymba
06-18-2010, 11:52 AM
What was the disorderly conduct? If it was "minor" and are able to explain it to the employer, u shud be fine. Many people have tickets and citations - depends on the type of conduct.

UsaImmi
06-18-2010, 12:05 PM
Thanks for the post.

Don't know what classifies as Minor or Major. I was intoxicated-alcohol and was arrested for disturbing the peace- Disorderly person offense.

smuggymba
06-18-2010, 03:56 PM
I don't think that should be a "major" offense and create problems in employment. Just have a nice explanation. My personal opinion.

Ann Ruben
06-21-2010, 07:26 AM
NJSA 2c-33 2a (1) is classified as a "petty disorderly persons offense" for which the maximum sentence is a term of imprisonment of no more than 30 days. Accordingly, a single conviction under NJSA 2c-33 2a (1) would not be a basis to deny your greencard. However, even if charges are dismissed or your record is expunged, you MUST disclose your arrest on all immigration applications and provide original court certified documentation of disposition.

UsaImmi
06-22-2010, 10:13 PM
NJSA 2c-33 2a (1) is classified as a "petty disorderly persons offense" for which the maximum sentence is a term of imprisonment of no more than 30 days. Accordingly, a single conviction under NJSA 2c-33 2a (1) would not be a basis to deny your greencard. However, even if charges are dismissed or your record is expunged, you MUST disclose your arrest on all immigration applications and provide original court certified documentation of disposition.

Ann- Thanks a lot for taking your time to go over my problem.

One last Q -
Would you be able to comment specifically on the employment Criminal background check? Would this come up?
What if the court convicts me for this? Will I be jailed? And what are future consequences if convicted?
Please reply.

Ann Ruben
06-22-2010, 10:34 PM
Would you be able to comment specifically on the employment Criminal background check? Would this come up?
I am in no way an expert in the area of criminal background checks, but I would imagine that if you were finger printed and formally charged, there will be a public record discoverable by an employment criminal record check.
What if the court convicts me for this? Will I be jailed? This is something you should discuss with your criminal attorney.
what are future consequences if convicted?
From an immigration law perspective, a single conviction would not preclude your eligibility for a greencard.

UsaImmi
06-22-2010, 10:44 PM
Thanks so much Ann.