Discussion in 'Criminal Convictions and Act' started by henboy1, Aug 7, 2011.
Thanks for checking on me and the encouragement.I pray for others going through the same challenge.
Hope things get better for you soon. I'm sure this situation will be over for you pretty soon
I hope so.Thank you
My probation is over , now what?Hmm. I will call the state court, to see of I can get some disposition papers.Not sure if I can afford a lawyer to file my citizenship after all this money I have spent
Good to know that your probation is over. Best of luck now with the next steps.
Coincidentally my probation ends this year too and I have to wait 5 years to demonstrate good moral character. My GC will expire next year but I'm scared to come in and get it renewed due to fear of being found deportable. I guess my offenses are less serious but shit it's still serious because one of them is a CIMT.
Long time. Good to know your probation is over. See a qualified immigration attorney before EVER filing for citizenship. Things are rough now these days for immigrants as you are aware, and doubly so for those with felonies on their record.
One CIMT does not make you deportable. That is clearly established by the courts. See a qualified immigration attorney if you are not totally comfortable.
That conviction is deportable under Domestic Violence grounds of deportation and it also may or may not qualify as a CIMT. I already have a lawyer but he's not telling me anything, I guess I have to actively asking questions but all he said was to wait out five years to demonstrate good moral character; he seemed very unconcerned. I have two other convictions that are very likely are not CIMTs based on my research because there haven't been precedents for them to be CIMTs.
If the Domestic Violence conviction was classified as an aggravated felony, you are toast. A domestic violence crime could fall under the petty offense exception, if the maximum jail time the person could have been sentenced to was one year or less and the person was not sentenced to more than six months of imprisonment.
Waiting out the five years is not a cure all because it doesn’t matter how long the person has held the visa or green card—committing the crime at any time after being admitted to the U.S. is sufficient to make the person deportable.
If you have multiple convictions, and a Domestic Violence conviction you should be talking to a competent immigration attorney. Soliciting advice online from people who do not have access to your charging documents and final disposition documents can lead you into a pit. This is no trivial matter. If necessary pay another competent attorney, you don't have to stick to an incompetent attorney just because you have already paid him.
I'm aware that a DV conviction will make me deportable anytime after admission. I will ask my lawyer for more details. However, I did some research online, as long as I have only one cimt that qualifies as a petty offense (the DV conviction was a misdemeanor, possible jail time was one year or less and I was sentenced to less than three months) I should qualify for cancellation of removal. If one of the other two convictions was a cimt, then I'm truely screwed. We haven't paid the lawyer yet and we'll be looking for a competent one. Thank you for the advice.
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