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  • NEED YOUR OPINION

    I have a question to anybody who knows about this.
    If you have a single CIMT with a maximum possible sentence of 6 months, but the person was not sentenced to anything, however plead guilty and the charge was dismissed and then expunged, what are the consequences? What if the person is a conditional resident/ How will it affect the application to remove conditions?

    Help is greatly appreciated.

  • #2
    I have a question to anybody who knows about this.
    If you have a single CIMT with a maximum possible sentence of 6 months, but the person was not sentenced to anything, however plead guilty and the charge was dismissed and then expunged, what are the consequences? What if the person is a conditional resident/ How will it affect the application to remove conditions?

    Help is greatly appreciated.

    Comment


    • #3
      The person should get Certificate of Disposition from the court to show it to the INS about outcome of the case.
      Good luck.

      Comment


      • #4
        Thank you, Umesh. i just do not know how the whole situation may work out, or not work out?

        Comment


        • #5
          Please respond

          Comment


          • #6
            Certificate of Disposition is a proof about the disposal of the case. What had happened in that case. Whether you pleaded guilty to a misdeamenor or a violation. This will help you a lot to explain whole situation to the INS Officer. Moreover, after looking at Certificate of Disposition an Immigration Attorney can better guide you in your case.
            Good luck.

            Comment


            • #7
              is you Mohan

              Comment


              • #8
                No, I am not Mohan. My name is Umesh Passi.

                Comment


                • #9
                  I know that I can show everything to the attorney, however, I wanted to first ask anybody on te board about their opinion, may be somebody had some similar experince, or know cases like this.

                  Comment


                  • #10
                    Can anybody help with this, or not?

                    Comment


                    • #11
                      CMIT charges are dismissed. you will not have any problem. you have to inform INS regarding CMIT.
                      IF the Six month is max term for this CMIT then No problem , if its 6-12 month then its adifferent story.
                      Dismissal, expunged, will not have any porblem.

                      Comment


                      • #12
                        Mohan, thank you so much. You are always so helpful. I wanted to ask you one more question, if the person pleaded guilty and then the charges were dissmissed through diversion, is it s big problem?

                        Comment


                        • #13
                          Yes it might.. Then it will be counted for full 6 month term which fell between 6-12 month term( even its not imposed).
                          Also it depends upon thenature of crime, Some of the nature of crimes are treated minor.

                          Comment


                          • #14
                            I do not understand what you mean by 6-12 months. Some crimes are punished by maximum 6 months, and some by 12 months. For this shoplifting violation the maximum possible sentence can be 6 months and day more? Can you clarify your previous message, please.

                            Comment


                            • #15
                              what I wanted to say 6 months and no a single day more

                              Comment

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