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I-485 with CIMT record

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  • Guest's Avatar
    Guest replied
    What "Diversifying" is saying is pretty interesting...

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  • Guest's Avatar
    Guest replied
    It is the board for questions and answers and not for name calling. Do you think I cannot react negatively on your message! with your attitude you probably think that everybody who asks questions here is stupid, so go somewhere else to place your anger.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    To be honest, I have no idea how ins would react. Can they say no to removal of conditions?

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  • Guest's Avatar
    Guest replied
    What do ya think, they will not?

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  • Guest's Avatar
    Guest replied
    If you have a CIMT wjich does not make you deportable or inadmissible, how can it still affect your conditional resident status? Will the conditions be removed?

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  • Guest's Avatar
    Guest replied
    CIMT = Crime involving moral turpitude. Most of the first time offenders are sent to Diversion.

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  • Guest's Avatar
    Guest replied
    what that means this offence?

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  • Guest's Avatar
    Guest replied
    "Deferred sentence" = entry of a plea of 'guilty'/'no contest', but deferral of sentence.

    In order to constitute a conviction, the new definition requires,

    - a plea of 'guilty' or 'no contest', or a verdict of 'guilty', and

    - that "the judge has ordered some form of punishment, penalty or restraint on the alien's liberty to be imposed."

    If the court defers making any such order imposing punishment or restraint on liberty, until after an agreed deferral period of time has passed, and then dismisses all charges, without ever imposing punishment or restraint, no "conviction" would have occurred at any time under the new definition.

    NOTE THAT any conditions of this arrangement that involve any "restraint on the alien's liberty" could not be imposed by court order; they may be included in a private agreement between prosecution and defense, however, as long as the court does not order them. When they have been satisfied, prosecution and defense could jointly move the court to dismiss all charges.

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  • Guest's Avatar
    Guest replied
    If the maximum possible imprisonment is 6 months and you're not sentenced to any, you are fine. the threshold is max possible of 1 year imprisonment.

    If one becomes deportable as the very first message of this thread says, is it certain he needs I-601? or is it at INS discretion?

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  • Guest's Avatar
    Guest replied
    I have another question. Should a person be in trouble if he was not sentensed at all and the maximum possible penalty could be 6 months even if INS decides that there was a conviction for a single CIMT? This is a Diversion case.

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  • Guest's Avatar
    Guest replied
    I do not agree that the only sure and especially safe way to go to trial. You never know what can happen in a trail. In Diversion you at least know that you do not have a conviction for the state purposes, and potentially can argue with INS about that, but if you go to trial you may as well be found guilty and then you are definitely convicted for all purposes.

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  • Guest's Avatar
    Guest replied
    There are very few cases when you won't be considered by the INS to have been convicted when you plead guilty and enter a diversion program. Yet, INS can pretty much consider you to have been convicted even in these few cases. The only sure fire way to be safe is to go to trial and be acquitted, otherwise INS can split you apart, if it wants to of course.

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  • Guest's Avatar
    Guest replied
    I see what Guest means. Yes, it is quite complicated in case of a guilty plea and charges dismissed due to completed diversion program. In such case some speculations from INS are possible. Anyway, Diversion program is for first time offenders only and it should be pretty straight forward with the INS if the defendant has been recommended to a Diversion program.

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  • Guest's Avatar
    Guest replied
    I do understand the point Diversion is making, however, my point is that you can have a guilty plea and still not have a conviction for immigration purposes.

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  • Guest's Avatar
    Guest replied
    "Diversion" explained it quite clearly. As long as you didn't plea "guilty" or "nole" in a court of law, but entered a diversion program to get the prosecution drop the charges, you have not a conviction (for immigration purposes)!

    Leave a comment:

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