Juvenile Conviction and Existence of Conviction

[RuckRuck]

Hi there,
I have a few questions about getting green card with a criminal record. I live in another country, so needless to say it's a bit hard for me to understand US Law, but I'm trying.

Shortly:
In 2008 when I was 17 I stabbed a person (B) in the back while N was strangling me. (B) was given an operation on lungs. I was convicted but neither charged nor sentenced.

I believe it's an assault with a dangerous or deadly weapon and as stated in 9 FAM 40.21(a) N2.3-3 it's CIMT.

So, details of my story are (as stated in court paper):

(A) - I
(B) - victim

Conviction: When (A) was at (B)'s there was a quarrel between them. While they were quarrelling (A) stabbed (B) with a knife once causing a harm on lung.

(A) intended to convict and said that (B) was drunk and that was a reason for the quarrel. (B) started to beat her, fell her to the floor and started to strangle her. Then (A) grabbed a knife that was laying on the floor and stabbed (B).

(B) fully confirmed (A)'s explanation and said that she was in heat of the moment.
<...>

The prosecutor changed the code of law from "causing serious bodily harm" to "causing medium bodily harm" due to lack of evidence.

(A) and (B) claimed for termination of criminal proceedings.
The judge accepted (A) and (B)'s claim due to: 1) (A) is under 18 y.o. 2) it is her first crime 3) (A) reconciled with (B)

Final: case discharged
​

I know that as juvenile I am not inadmissible , but there is 9 FAM 40.21(a) N9.4-2 that says:

Juveniles between the ages of 15 and 18 at the time of commission of an offense will not be considered to have committed a crime, and thus be inadmissible under INA 212(a)(2)(A)(i)(I), unless tried and convicted as an adult for a felony involving violence. A felony is defined in 18 U.S.C. 3559(a) or 18 U.S.C. 3156(a) as an offense punishable by death or imprisonment for a term exceeding one year. A crime of violence is defined in 18 U.S.C 16 as:

1. (1) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or
   
2. (2) Any offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

So I'm not so safe I guess.
And the second and biggest "BUT": It's pretty funny, but (B) was and is my spouse. And if I give the court paper (I have to I guess) to the officials they will know that (B) had also committed a crime - assault with intent to kill/commit serious bodily harm(?). But (B) was drunk and didn't want to kill me (I believe). But the court paper doesn't state that. It state that (B) was drunk and that's all

(B) was not convicted, BUT

9 FAM 40.21(a) N3.1 Defining Conviction
INA 101(a)(48) (8 U.S.C. 1101(a)(48)) defines “conviction” as either:
(1) A formal judgment of guilt entered by a court; or
(2) If adjudication has been withheld, either:

(a) A finding of guilty by judge or jury; or
(b) A plea of guilty or nolo contendere by the alien; or
(c) An admission from the alien of sufficient facts to warrant a finding of guilt; and​

(3) The imposition of some form of punishment, penalty, or restraint of liberty by a judge.

AND

9 FAM 40.21(a) N3.2 Other Factors Bearing on Existence of Conviction
The question of the presence of a conviction is a factual matter, independent of official record. An indication that an alien has been convicted of a crime may appear in:

(1) Replies to questions;
(2) Reports of investigative and other government activities;
(3) Police records or other documents that the applicant may be required to submit; or
(4) Any other kind of information, which may be developed concerning the applicant.
​

Please, help me. Maybe some advice, maybe some same situations would be helpful...

 

[davidhunter]

An experienced criminal defense attorney can answer for these questions..