davidvincent

My son 18 and a green card holder since December 2005 - entered the US legally in 1999 lives with me his father - mother in other country - no ties to other country - UK:
He has a sister here - and me and other family members:

He was involved with taking snow mobiles last December and charged with misdemeanors reduced from felony's - 2 felony's reduced on plea bargain:
He was sentenced to 3 years probation, and some days per week in jail which he served but is still on probation:

He picked up another charge when entering a friends house and was with another person who stole two items - a laptop and a wii - he was charged with burglary in 2nd class C felony - we have a attorney and hopefully can get it reduced to a misdemeanor:

He is currently in jail on $25,000 bail:
He appears in court on Wednesday - we will ask for a bail reduction:
Obviously a violation of probation is filed and he has this new charge and the old charges he was put on probation for now hanging over him:

This kid was mixing with the wrong crowd and I need to get him away from that and will ask the judge to send him to boot camp where he will learn discipline, responsibility and grow up:

My questions are:

would he be deportable or would he face any involvement regarding immigration?

If his charges are misdemeanors including this felony reduced to a misdemeanor - meaning never having been convicted of a felony - does this constitute removal proceedings or involvement in possible deportation?

Is tresspass a crime of moral turpitude?
Is misdemeanor larceny a crime of moral turpitude?


Your advice would be greatly appreciated

crg

First, check this link for information about the Child Citizenship Act of 2000 and see if it applies to your son.

http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD

Secondly, this could be very serious. You need an attorney who is familiar with the immigration consequences of criminal proceedings and plea bargains.

I'm all for using this internet forum to get information, but the stakes are too high here.

BTW: Please try to keep the discussion in one thread, it gets too confusing when you post about the issue in three different threads.

davidvincent

Is a Petty Larceny a crime of moral turpitude?
Is criminal mischief a CIMT?

crg

Opening up 4 simultaneous threads for the same issue should be a CIMT.

lisa67

davidvincent

Im sorry I am just trying to get answers

crg

We'd like to get you some answers. It's more likely to happen if you stick to one thread so everyone can stay on the same page (literally).

kthxbye

Folinskyinla

Hi:

You start multiple threads and can't be bothered to give the necessary information. Repeating the same incomplete question does not help.

I will tell you that the title of a crime is not what determines what is a CIMT or aggravated felony.

These questions are ones that require a lot of factual development [or maybe a little -- but you don't even approach what is needed] and can be very hyper-technical. And the answer might be "Don't know, I can make arguments both ways, it will have to be litigated."

Others have told you -- hire a lawyer and PAY for some RESEARCH.

davidvincent

what facts do you need from me to determine whether its a CIMT?

crosscountryrider

As Mr Folinsky said you will need a lawyer . This forum can't help you determine if this is a CIMT or not.

Also as usual it depends on your judge how he wants to deal with this?

I personally witnessed a case in Tuscon/Arizona whre a mexican was charged

for failure to stop ,DUIO and posession of Marihuana with no intent to sell.

The judge stated clearly that this will jeopardize his immigration.

On the other side I know another case in Vegas where the offender had two strikes for Insurance and Tax fraud. Only the third case of tax fraud again
involved immigration initiated and enforced by the IRS.

I am not a lawyer and apart from a few lawyers in this forum nobody else is!!

In your case and own interest you should get a lawyer involved and it should be a good lawyer.

Your statement that you have no ties to UK will not help you in court!

But a lawyer may will!

CCR

meauxna

I've merged the threads into one discussion here.
meauxna

Michelmas

I don't have all of the answers you are looking for and highly suggest that you talk with an attorney.

I will say this [as rightly or wrongly I "feel" you may be under this miss-understanding] but you don't only need to be convicted of a Felony to be deportable. You can be deported for some misdemeanors in some states.

davidvincent

I just returned from court - my son charged with Burglary 2nd - the DA and my lawyer agreed not to reduce bail and the DA wanted my son to miss his summer and stay in custody for a month pending talks between my lawyer and the DA to resolve the charge - in other words to reduce it to a trespass charge as the other defendant was the person who stole from the premises and damaged the premises although my son was there they see him as not the perpetrator.....we are confident it will be reduced to simple trespass based on Police officer also at court telling us my son was not the person who stole items and caused damage but was just there so to speak...makes him guilty under the law hence his charge first handed out but now I think we will resolve it between now and the end of the month my son is held in jail and come back to plea bargain with a trespass and perhaps a fine:

His priors are Criminal Mischief and petty larceny - we are hopeful this culmination and eventual outcome will not lead to any deportation hearing or that any of these priors or final trespass charge will lead to classification of crime of moral turpitude....

Is it the actual circumstances contained in what happened that determines whether its classified as a CIMT regardless of the charge?
I appreciate your replies and sorry for multiple threads...

Duncan Roberts

Unless I'm wrong, which is very possible, a greencard can be revoked at any time for whatever reason, not just a CIMT.

crg

I have to call Shenanigans on that one.

Even though permanent resident status can be taken away, there has to be a basis under the law. The government usually has the burden of proof to establish that the person is removable.