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AOS with Misdemeanor A record

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  • AOS with Misdemeanor A record

    I filed EB2 I-485 last October and got EAD, Advanced Parole, as well as fingerprints done early this year. However, back in 1995 I pleaded no contest to a fraud Misdemeanor A charge in Texas (the maximum possible sentence is not to exceed one year), and was fined $300 and one year probation. Completed the probation without problem in a year.

    Seems to me that my case would fall under the petty offense exception under 212(a)(2)(A)(ii)(II) but would be deportable under 237(a)(2)(A)(i) since the criminal record was within five years of my first entry. Main difference is that the petty offense exception applies to maximum possible penalty of up to one year (inclusive)whereas 237(a) defines maximum possible penalty of one year as deportable.

    I have consulted many laywers and researched the law myself quite a bit but can't come up with a conclusion what is most likely to happen to my case. Does anyone have a similar case, or have heard of similar cases? Particularly I'm wondering if I could be deportable by doing AOS in the US, what if I change to Consular Proceedings? That way, I'm not inadmissible under 212(a) and deportation is not an issue. Please help...

  • #2
    I filed EB2 I-485 last October and got EAD, Advanced Parole, as well as fingerprints done early this year. However, back in 1995 I pleaded no contest to a fraud Misdemeanor A charge in Texas (the maximum possible sentence is not to exceed one year), and was fined $300 and one year probation. Completed the probation without problem in a year.

    Seems to me that my case would fall under the petty offense exception under 212(a)(2)(A)(ii)(II) but would be deportable under 237(a)(2)(A)(i) since the criminal record was within five years of my first entry. Main difference is that the petty offense exception applies to maximum possible penalty of up to one year (inclusive)whereas 237(a) defines maximum possible penalty of one year as deportable.

    I have consulted many laywers and researched the law myself quite a bit but can't come up with a conclusion what is most likely to happen to my case. Does anyone have a similar case, or have heard of similar cases? Particularly I'm wondering if I could be deportable by doing AOS in the US, what if I change to Consular Proceedings? That way, I'm not inadmissible under 212(a) and deportation is not an issue. Please help...

    Comment


    • #3
      Aliens who have been convicted of a crime involving moral turpitude, such as this fraud misdemeanor A offense, make one inadmissible under INA §212(a)(2)(A)(i)(I). However, two exceptions to this ground of exclusion appear in INA 212(a)(2)(A)(ii):


      -- The ground does not apply where the alien has committed only one crime of moral turpitude, the crime was committed more than 5 years before the date of application for a visa / application for admission to the United States. (YOU)

      -- The ground does not apply also where the alien has committed only one crime of moral turpitude, the maximum penalty possible for the crime for which the alien was convicted did not exceed 1 year of imprisonment and, if the alien was convicted of the crime, the alien was not sentenced to imprisonment for a term in excess of 6 months, regardless of the extent to which the sentence was ultimately executed. (AGAIN YOU'RE OKAY)

      Now, looks like you can be deportable under 237(a)(2)(A)(i) because of your conviction of a crime involving moral turpitude, for which the maximum possible sentence is one year or longer. The fact that during the last 6 years INS did not begin deportation proceedings against you may be a sign that they did not consider a misdemeanor like yours enough to guarantee removal (if they had knowledge of your situation.) I would say you are okay if you go to the interview for green card.

      Comment


      • #4
        What does "crime of moral turpitude" mean?

        Comment


        • #5
          Long list here :

          Crimes Against The Person

          Murder/Intentional Homicide
          Voluntary Manslaughter
          Homicide by Reckless Conduct
          Involuntary Manslaughter w/ Reckless Disregard
          Attempted Murder
          Kidnapping Mayhem
          Assault or Attempted Murder Upon Government Officers
          Carrying a Concealed Weapon w/ Intent to Use Against the Person of Another
          Assault w/ a Deadly Weapon
          Assault w/ Weapon Likely to Produce Bodily Harm
          Interfering w/ a Law Enforcement Officer
          w/ Use of Deadly Force
          Attempting to Obstruct/Impede the Progress
          of Justice
          Aggravated Assault Against a Peace Officer

          Crimes Against Property

          Attempted Arson
          Blackmail/Extortion
          Forgery
          Uttering a Forged Instrument/Forged Prescription
          Making False Statements of Financial Condition
          Robbers'
          Embezzlement
          Larceny/Theft
          Grand theft
          Petty Theft
          Receiving Stolen Property
          Concealing Assets in Bankruptcy
          Encumbering Mortgaged Property w/ Intent to Defraud
          Fraudulently Issuing Check w/ Insufficient Funds
          Fraudulently Issuing Worthless Check
          Illegal use of ATM or Credit Card
          Passing Forged Instrument
          Attempted Fraud
          Using Mails to Defraud
          Making False Statements in Acquisition of Firearm
          Securities Fraud
          Welfare Fraud
          Transporting Stolen Property
          Obtaining Money by False Pretenses
          Bribery
          Malicious Trespass


          Sexual and Family Crimes

          Assault w/ Intent to Commit Abortion
          Attempted Assault w/ Intent to Commit Carnal Abuse
          Statutory Rape/Rape
          Indecent Assault/Sexual Battery
          Adultery
          Bigamy
          Prostitution
          Sodomy
          Gross Indecency
          Contributing to the Delinquency of a Minor/Sexual Acts
          Taking Indecent Liberties w/ a Child
          Incest
          Oral Sexual Perversion

          Crimes Against the Government

          Falsely Issuing a Narcotic Prescription
          Offering a Bribe
          Making, Passing, or Possessing Counterfeit Coins
          Conspiracy to Violate IRS Laws
          Securities Fraud
          Counterfeiting
          Smuggling Merchandise
          Impersonating Federal Officer
          False Statements/Firearm
          False Statements or Entries
          Harboring a Fugitive
          Using False Names & Addresses to Violate Postal Laws
          Uttering/Selling False/Counterfeit Immigration Documents
          False Statements to Obtain a Passport
          False Statements in LPR Application
          Perjury
          Theft from U.S. Mail
          Taking Kickbacks
          Receiving Funds by False Statements
          Trafficking in Narcotics
          Failing to Report Income
          Union Official Unlawfully Accepting a Loan
          Kickbacks on Government Contracts
          False Statements/Selective Service
          Falsely Representing Social Security Number
          False Statements/Unemployment Benefits

          Comment


          • #6
            Crimes listed under SEXUAL AND FAMILY CRIMES are crimes against moral turpitude, the rest are not.

            Comment


            • #7
              All of the crimes listed by the poster ARE "CMT"s, not just sexual and family crimes.

              Comment


              • #8
                Bobcat - What is the status of you now?

                Comment


                • #9
                  I guess probably deported.

                  Comment


                  • #10
                    Does Anyone Know What "Mayhem" Means?

                    Comment


                    • #11
                      1. (n) crippling or mutilation of a person 2. needless damage

                      Comment


                      • #12
                        "Kidnapping Mayhem"

                        Comment


                        • #13
                          Not deportable

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