theissueis

I moved to the States years ago with my family. I had a juvenile adjudication, for a crime that was recently found by the BIA to NOT be a crime of moral turpitude. I believe juvenile adjudication are not convictions for the purpose of immigration law, so even if I had been tried as an adult, I would have likely been admissible. The crime was declared, and I received a Green Card regardless.

I am facing a charge currently as an adult in the USA. Don't have much money to get in touch with an immigration attorney, so I thought I try here first (you guys seem to be really helpful!). The charge, by statute, has a MAXIMUM possible sentence of 1 year in county jail. I am quite confident my lawyer will be able to fight this case, but I'm preparing myself for the worst scenario.

If found guilty, and am NOT sentenced to more than 6 months in prison (probably would be just probation), would the petty offense exception apply to me? Even if the crime is one of moral turpitude?

Once again, I realize you guys are simply helping me out of your good will, and I truly appreciate even the slightest input. God bless.

crg

How long have you been an LPR?

What was the offense?

Is the max possible sentence a year or just less than a year?

The single petty offense exception you mentioned applies to inadmissibility (section 212). 212 applies when someone is an applicant for admission to the US. You also have to concern yourself with removability which have different rules under section 237. 237 applies to people who are present in the US, but not applicants for admission.

This is probably not a DIY case and legal assistance is a good idea considering how much you have riding on this. Here is some info on 237:

http://www.uscis.gov/ilink/docView/S...-0-0-5672.html

theissueis

CRG,

I appreciate the quick response. Though I realize it may be more difficult to assist me without the specific crime, I would like to give as much detail as I can without mention of the specific crime.

I've been in the USA for about three years, only received my green card a little over a year ago.

The statute of the crime at hand says "shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year". I also looked into it and the crime is NOT an aggravated felony.

I will definitely try to get in touch with an immigration attorney soon.

God Bless
Tori

crg

Be aware that this is a very complex area of immigration law. There are even several non-CIMT offenses that can get an LPR jammed up. The include, but are not limited to, controlled substance violations, violating protection orders, certain stalking offenses, certain weapon possession (firearms, explosives) to name a few. Hopefully the criminal lawyer you use is also familiar with immigration law. If you are in an area with a large immigrant population, the lawyer is more likely to have an idea about immigration consequences, or know someone who does.

Good luck.

Marocco

Are you aware that a crime is not required to be a "felony" in order to be an "aggravated felony"?

theissueis

Thank you CRG. One more question for you, if I may. Section 237 states:

(i) Crimes of moral turpitude.-Any alien who-


(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j) ) after the date of admission, and


(II) is convicted of a crime for which a sentence of one year or longer may be imposed.


is deportable

Since it says and, does that mean it must meet both of those conditions in order to be deportable?

Yes, I am aware. There is recent case law where it was determined that the crime is "never an aggravated felony". Thank you for pointing that out though.

crg

Yes. That means both criteria must be met.

theissueis

Great. And when it states in 237 "is convicted of a crime for which a sentence of one year or longer may be imposed." ,

would the statute I referred to be considered "a year or longer" ?

"shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year"

crg

Well if you take the plain English reading, it would seem someone could get an entire year. One full year is included in the range of "not more than a year".

Of course it's good to do your own research online but I hope you don't base your strategy on an internet discussion any more than you would drop drop into a Starbucks and have the barrista do surgery on your hernia.

meauxna

Hey, the old man needs a hernia patch, you can get that at Starbucks now?
That would be convenient.

Oh, I see what you did there.