Q: CAN A PERSON WITH MISDEMEANOR LARCENY CALSS1 IN NORTH CAROLNA HAVING A GREEN CARD FOR THE PAST 5 YEARS TRAVEL ABROAD?
DOES THIS COME UNDER PETTY THEFT ECEPTION AS THE AMOUNT WAS $989 AND THE CASE HAS BEEN DISSMISSED AND GONE FOR EXPUNGE.
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A:
In your situation, having a green card and a dismissed misdemeanor larceny charge in North Carolina, you generally have the ability to travel abroad. However, there are a few important considerations to keep in mind.
Firstly, the nature of your charge and its dismissal can play a crucial role. Since the case was dismissed and is in the process of expungement, this typically indicates that there won't be a conviction record. However, U.S. Customs and Border Protection officers do have access to arrest records when you re-enter the country, and this could potentially lead to questions or additional scrutiny.
The amount involved in your larceny case, $989, is significant, but since the case was dismissed, it might not necessarily impact your re-entry into the U.S. The 'petty theft exception' generally applies to cases where the conviction involved a small amount (usually under a specific threshold) and meets other criteria.
It's essential to have all relevant legal documents with you when traveling, including information about the charge and its dismissal. Be prepared to explain the situation if questioned upon your return to the U.S.
Since immigration matters can be complex and the consequences of re-entry issues are significant, it is advisable to consult with an immigration attorney before traveling. They can provide detailed advice based on the specific details of your case and current immigration laws. Remember, maintaining your lawful status and ensuring smooth travel is paramount.
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