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Thread: AOS with Misdemeanor A record

  1. #1
    Guest
    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. #2
    Guest
    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...

  3. #3
    Guest
    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.

  4. #4
    Guest
    What does "crime of moral turpitude" mean?

  5. #5
    Guest
    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

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

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

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

  9. #9
    Guest
    I guess probably deported.

  10. #10
    Guest
    Does Anyone Know What "Mayhem" Means?

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