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  • A question to Mohan

    Mohan, I have a question. I tried to reserach it myself and I would appreciate if you can confirm or clarify. If a conditional permanent resident is convicted (according to the ins use of conviction term) of one CIMT within 5 years of admission, but was not sentenced to any term, but the maximum possible term is 6 months, is he deportable? Thank you.

  • #2
    Yes, He is deportable and inadmisable too.

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    • #3
      so, here the less than one year term does not apply?

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      • #4
        what are basing your answer on?

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        • #5
          No not on conditional.

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          • #6
            Answer is based on conviction and conditional status.

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            • #7
              what do you mean by "not no on conditional?

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              • #8
                one year Limit did not apply here, Conviction is itself enough to deport a conditional GC holder.

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                • #9
                  I though that the law says, that ANY alien. and both requirements should apply (i mean 5 years AND at least 1 year of sentence that may be imposed) should apply for an alien to be deportable) is not it right?

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                  • #10
                    can you refer to me a web site or a provision of the law that says that a conviction is ENOUGH to deport a conditional resident? Where did you take it from?

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                    • #11
                      You have to search a lot.
                      Here is the Law. 8. CRF 210.1(e) 1999 emphasis added.
                      210 (a)(1) and (b).
                      Also ckh section 245 or 249 of 1255 or 1259. sectrion 210(a)(3) (a)
                      and U S C 1158(b) 1129 1231
                      go thru it and you Read BIA decisions.

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                      • #12
                        Mohan, I am surprised where you send me. and I am surprised how you even could infer your answer from this info.

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                        • #13
                          Wrong Answe.. Sorry about that this answer was for another site... hold on..

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                          • #14
                            INSERTS/PUBLIC LAWS AMENDING THE INA/Pub. L. 104-208 Illegal Immigration Reform and Immigrant Responsibility Act of 1996/SEC. 322. DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT.
                            SEC. 322. DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT.



                            (a) DEFINITION.-




                            Read section 322 DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT. of section



                            (B) confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentencein whole or in part.".
                            Read the related sections too.

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                            • #15
                              Related section 240

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