Help with situation

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freddy22

Registered Users (C)
my son picked up a petty larcent conviction - a CMT and did 60 days weekend jail:

He is 18:
He entered the USA legally in 2000 with me at aged 11:
We all went out of status in 2001 for 9 months and then I married a USC and we all filed for LPR:

We all received LPR status but it took 4/5 years from 2001 to 2005/6 to actually get our LPR cards as the files got lost in the system so they told me and should have been issued before:

Question:
He was recently detained by immigration and later released:

His petty larceny falls under CMT a deportable offense:

To receive cancelation of removal he has to have been in the USA for 7 years which he has 2000 to present:
(His offences happened in 2008)

He is not convicted of a aggrevated felony:

BUT he has only had his green card status as above since 2006 thus not eligable under the 3rd requirement of having 5 years LPR status to qualify for cancelation of removal:
Questions:

Can a immigration judge overlook or over rule that requirement and grant him cancelation?

Can the immigration judge suspend the deportation or application until he becomes eligable in two years and let him remain on conditional basis?

Does immigration judges has discretion over the eligibility requirements - in other words can they grant a cancelation even if one of the eligibility requirements is not met or suspend it until he is eligable?
 
How old was he when he committed the CIMT? If under 18, it would have had to have been heard in a adult court and not a juvenile. I also believe, that it would have had to involve some sort of violents if he was 17. Now, the thing that really matters is, if he was within the 5 year period of first getting his GC, his crime would have had to have been punishable for a possible sentence of 1 year in jail. That is only for the first one.

If he were to have two conviction for theft, it doesn't matter want the possible sentence is. So, he better not do it again....
 
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dafortycal said:
How old was he when he committed the CIMT? If under 18, it would have had to have been heard in a adult court and not a juvenile. I also believe, that it would have had to involve some sort of violents if he was 17. Now, the thing that really matters is, if he was within the 5 year period of first getting his GC, his crime would have had to have been punishable for a possible sentence of 1 year in jail. That is only for the first one.

If he were to have two conviction for theft, it doesn't matter want the possible sentence is. So, he better not do it again....
Click to expand...

He was 18 when he committed the CMT eligable for Youthful Offender status but it was not marked as YO for some reason:
There was no violence involved in the petty larceny:
He applied for his GC in 2001 but due to a mess up by INS did not get his card until 2006 only 3 years ago so he is within the 5 years but has been here since 2000 over 7 years:
The NY penal code on petty larcent has a maximum sentance of UP TO 1 year in jail for petty larceny:
Any feedback would help
 
You might try contacting a immigration\criminal attorney, to see if you could get the case re-sentenced, and the charge changed to something that wouldn't involve the possible 1 year sentence. Like joyriding?

But there is still a risk in doing that, since there is something in immigration law that allows the service to use the the first charge. You're going to need a good Attorney.
 
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