classmagic
New Member
Hey guys, I've looked through about 10 pages of criminal record posts but I have been unable to find the information I need about my specific case.
Here is my situation, I hope you guys can help me. Most likely I will be getting a lawyers opinion but this forum is my first step into citizenship.
I was arrested for burglary of a building in 2006 and convicted in August of 2007 at the time.
The statute of the offense was a state jail felony and the item was valued between $500-$1500.
The charge never went to jail and the lawyer I hired was able to knock it down to a CLASS A MISDEMEANOR-sec 12.44(b) PC with a fine of $4000. No jail time or probation was served (minus the 1 day jail for the arrest)
In Texas the punishment for a Class A Misdemeanor is:
Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.
Now this is where I am getting confused with the wording of the Law. The punishment specifically states the jail term should NOT exceed one year.
USCIS states:
Some offenses require a minimum term of imprisonment of one year to qualify as an aggravated felony in the immigration context. The term of imprisonment is the period of confinement ordered by the court regardless of whether the court suspended the sentence.[5] For example, an offense involving theft or a crime of violence is considered an aggravated felony if the term of imprisonment ordered by the court is one year or more, even if the court suspended the entire sentence.[6]
The table below serves as a quick reference guide listing aggravated felonies in the immigration context. The officer should review the specific statutory language for further information.
(G) a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment at 8 least 1 year;
Does this mean I do not fall under this disqualification? The wording is what is throwing me off and I will definitely contact a lawyer once the funds are available. I just would like some input on the matter.
Here is my situation, I hope you guys can help me. Most likely I will be getting a lawyers opinion but this forum is my first step into citizenship.
I was arrested for burglary of a building in 2006 and convicted in August of 2007 at the time.
The statute of the offense was a state jail felony and the item was valued between $500-$1500.
The charge never went to jail and the lawyer I hired was able to knock it down to a CLASS A MISDEMEANOR-sec 12.44(b) PC with a fine of $4000. No jail time or probation was served (minus the 1 day jail for the arrest)
In Texas the punishment for a Class A Misdemeanor is:
Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.
Now this is where I am getting confused with the wording of the Law. The punishment specifically states the jail term should NOT exceed one year.
USCIS states:
Some offenses require a minimum term of imprisonment of one year to qualify as an aggravated felony in the immigration context. The term of imprisonment is the period of confinement ordered by the court regardless of whether the court suspended the sentence.[5] For example, an offense involving theft or a crime of violence is considered an aggravated felony if the term of imprisonment ordered by the court is one year or more, even if the court suspended the entire sentence.[6]
The table below serves as a quick reference guide listing aggravated felonies in the immigration context. The officer should review the specific statutory language for further information.
(G) a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment at 8 least 1 year;
Does this mean I do not fall under this disqualification? The wording is what is throwing me off and I will definitely contact a lawyer once the funds are available. I just would like some input on the matter.