Follow on Google News News By Tag * Petty Offense Exception * Cimt * Cmt * Crimes Of Moral Turpitude * Brian D. Lerner * Immigration Attorney * Immigration Lawyer * More Tags... Industry News News By Place Country(s) Industry News
Follow on Google News | The Petty Offense ExceptionThe Petty Offense Exception allows you the Green Card even though you have committed a crime
Answer: It will depend on what exactly you committed. However, there is what is known as the petty offense exception. Question: What is the petty offense exemption? Answer: An alien (whether or not a minor) is not inadmissible if the CIMT is for a petty offense. A conviction (or admission) is considered a petty offense: “if the maximum penalty possible for the crime of which the alien was convicted … did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed). Question: What if there is an undeterminate probationary period? Answer: An undesignated probationary sentence, unlike an indeterminate sentence, is not considered a felony punishable by more than one year imprisonment, where the court has designated it a misdemeanor punishable by a maximum term of imprisonment of 6 months. Question: What if the crime is a 'wobbler'? Answer: Cal. Penal Code §487.2 is a “wobbler” statute and where judge designates it as a misdemeanor, the BIA is bound by that determination for purposes of the petty offense exception. You need to look at each particular State. Question: What if I had a drug conviction? Answer: Department of State takes the position that the petty offense exception is not applicable to drug cases. Question: What if I committed or admitted to more than 1 petty offense? Answer: The petty offense exception is not applicable if more than one CIMT offense has been committed or admitted. Question: What if I committed more than 1 crime, but only 1 is a CIMT? Answer: Where there was a second CIMT, the “stop-time” Question: What if I admit the facts of a particular crime? Answer: If there was no conviction but the person admits facts, the petty offense exception applies and the alien is not inadmissible so long as the maximum sentence that could have been imposed does not exceed one year. =========== # # # I have been a licensed attorney since 1992. I have passed a rigorous examination and extensive experience requirements by the State Bar of California, Board of Legal Specialization. My firm helps with deportation, green cards, work permits, etc. End
Account Email Address Account Phone Number Disclaimer Report Abuse
|
|