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Thread: Criminal Conviction

  1. #1
    I have a question about meaning of a criminal conviction for immigration purposes. I have read the law and different answers on portal and still confused

    I have green card for more that 5 years and in USA for more than 13 years. My ex-wife tricked me in violating order of protection she had since our sepration. I was arrested for violating order of protection with Criminal Contempt of Court which is a deportable offense

    Now District Attorney is offering me a plea for Disorderly Conduct which is a violation in New York plus some fine and domestic violence class. My question is that for immigration purposes is it still a conviction if I agree to a lesser charge and take domestic violence class. Can immigration service can still see as I am guily of domestic violence and order of protection violation even on a lower charge. Please advise

    Can someone advise me of a good immigration/criminal lawyer in New York area

  2. #2
    I have a question about meaning of a criminal conviction for immigration purposes. I have read the law and different answers on portal and still confused

    I have green card for more that 5 years and in USA for more than 13 years. My ex-wife tricked me in violating order of protection she had since our sepration. I was arrested for violating order of protection with Criminal Contempt of Court which is a deportable offense

    Now District Attorney is offering me a plea for Disorderly Conduct which is a violation in New York plus some fine and domestic violence class. My question is that for immigration purposes is it still a conviction if I agree to a lesser charge and take domestic violence class. Can immigration service can still see as I am guily of domestic violence and order of protection violation even on a lower charge. Please advise

    Can someone advise me of a good immigration/criminal lawyer in New York area

  3. #3
    New York Immigration Lawyers
    New York, NY, 212-944-9420

  4. #4
    Bretz & Coven, LLP
    New York, NY, 212-267-2555

  5. #5
    Wuersch & Gering LLP
    New York, NY, (212) 509-5050

  6. #6
    Hello,

    You really have to do your research. The USCIS evaluates applications on a case by case basis. What you need to do is make sure whatever you are pleading to does not fall under Aggravated Felony or Moral Turpitude (regardless if it is a misdemeanor or felony under criminal law, federal or state). Its also good that you are not looking at jail time because USCIS guideline also states that anyone locked up for more than 1yr or so will be inadmissible, also look at waivers under 212(c) and 212(h). So for immigration purposes you may want to ask for something else to plead to (perhaps a false ID charge or something). Domestic violence does not really go down well with the USCIS because it is of a violent nature and involves endangering others. I personally know of someone who pleaded to a federal felony offense of making a false ID a few years back and he just received his AOS approval. Look before you leap.

    On the attorney list, I have read about Bretz & Coven and their ability to do a lot for their clients, they are pretty good. You should visit their website and read their published cases; http://www.bretzlaw.com/Cases.htm . I think it takes a strong legal team to do as in Zalawadia v. Ashcroft, 371 F.3d 292 (5th Cir. 2004), to compel the USCIS to return a wrongfully deported alien to the US and then win him relief from deportation thereafter. Theri ProBono work is also impressive; http://www.bretzlaw.com/ProBono.htm .

    Good Luck.

    J

  7. #7
    Carefully read item 2(E)(i)(ii) on deomestic violence on the following link; http://www.law.cornell.edu/uscode/html/uscode08/usc_sec...0001227----000-.html

    Make sure you do your research and find something else to plead to, its a plead "deal" so negotiate it and have at the back of your mind that just like in business "you don;t get what you deserver but only what you negotiate". When the government offers plea deals, it usually means they don;t have much evidence to prosecute so they hope you take the bait. If they have everything to put you away they will never offer a deal, you will be the one asking for one. This is how the system works.

  8. #8
    Manny first you need a criminal attorney consult to know if you take your chances in court of take the plea. Explain to him what is at stake as far as immigration.

    disorderly conduct is a nothing offense. the domestic violence class is humiliating and will cost you a few bucks, but not a big deal .. just inconvenient of your time for a couple of months. You will get a certificate for passing for succesful completion of domestic violence class.

    Either way, it will all have to be disclosed to USCIS . the disorderly conduct if chosen and the outcome. (show fine paid & dv certificate)

    You will even have to disclose the order of protection that was placed against you and for what reason.. and the outcome. if it was temporary, dismissed without.. etc.


    If you feel there is not evidence to convict you, then you would not be in violation most likely, but i suspect you either admitted or they have proof. if thats the case,, take their generous deal of disorderly conduct.

    Again..... CONSULT attorney. see if you can get a free consult or reduced rate consult

    You havent explained "how your x tricked you into violating the order and why she tricked u in order to call the police or go to the court.

  9. #9
    I was wondering about that as well, 4now. IF this 'trick' was was something SO obvious that ANYone can see through it ... then he should be able to explain exactly what happened, and if it was an out-and-out 'trick' then he may be OK! ?? Without knowing more details about the violation, how can anyone respond further ?


    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:

    You havent explained "how your x tricked you into violating the order and why she tricked u in order to call the police or go to the court. </div></BLOCKQUOTE>
    God Bless America ! Love IT ....or LEAVE it !

  10. #10
    Jay, On a personal note...THANK YOU for posting this link. It has provided me with more information than the thousands of others I have looked at! My ex turned out to be a real LOSER!! He's also a thief, con-artist and, if found, may be facing charges for insurance fraud & grand theft, attempted extorsion and blackmail. That's just for starters! He is presently living in the USA and in 'hiding'... mainly from me, since he MUST know that days here may be numbered IF and when he is found ! Bless You for posting this !


    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Jay A:
    Carefully read item 2(E)(i)(ii) on deomestic violence on the following link; http://www.law.cornell.edu/uscode/html/uscode08/usc_sec...0001227----000-.html

    Make sure you do your research and find something else to plead to, its a plead "deal" so negotiate it and have at the back of your mind that just like in business "you don;t get what you deserver but only what you negotiate". When the government offers plea deals, it usually means they don;t have much evidence to prosecute so they hope you take the bait. If they have everything to put you away they will never offer a deal, you will be the one asking for one. This is how the system works. </div></BLOCKQUOTE>
    God Bless America ! Love IT ....or LEAVE it !

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