Petty offense exception and deportation for 2 CIMT's as LPR

tbesq82

New Member
Facts:

LPR in 1991, CIMT conviction in 97 that qualifies under the petty offense exception, another CIMT conviction in 2000.

Wanting to naturalize but worried disclosing these two convictions will subject to deportation.

I can't find an exact case that expressly states that the petty offense exception applies to deportation. The only things I can find say it applies to admissibility.

Does anyone have a case citation or even a statute I may have missed that is directly on point?
 
The petty offense exception only applies to a single CIMT conviction. If you have two or more, then there's no exception. In any case CIMT is deportable. Sorry, you're gonna need a lawyer for this.

If it makes you feel any better, the CIS has discretion on whether to refer you to ICE for deportation. Since the crimes were committed more than 5 years ago, they should not preclude you from having 'good moral character' required for naturalization. The CIS could decide to just grant your naturalization application and not pursue deportation. I've read some accounts of people with more serious crimes being approved for naturalization, but I'm not familiar with the details of their cases nor their exact legal maneuvers.

(ii) Multiple criminal convictions.-Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5672.html
 
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