portal0103
Registered Users (C)
Hi,
Here goes my background. I hold H-1 visa and currently in the 7th year. I applied for Labor Certification (LC) via RIR in February 2005 and my 7th year will expire in November 2007. Before which I expect my LC to be certified and hopefully I-140 as well which will give me another 3 years extension.
Now my problem: I have Misdemeanor Charges (M-1) in the State of Pennsylvania. The following matter could be verbose but I thought it would better describe my situation.
I was working full time as a Software Engineer and simultaneously started a retail business within a kiosk in the mall in August 2003. I sold handbags and hired legal US Citizens as employees in the mall in the State of Pennsylvania. On December 3rd 2003, the local police seized all the handbags which they thought were counterfeit bags. I had no idea about the whole thing and hence closed the business at the end of December 2003.
In Feb 2004, I was summoned to the court (District Justice's office) for charges on trademark counterfeiting.
I was escorted by my criminal lawyer to the District Office and let go on bail after submitting the fingerprints at the
police station. I was photographed as well. My belief is that I was arrested even though I was not handcuffed. Since I was on my way to India for vacation, the District Court granted my request to hold the preliminary hearing on a later date. After I got back from India, I approached the court on the preliminary hearing date with a a plea bargain
to reduce the felony charges to misdemeanor.
In June 2004 I was convicted for Misdemeanor - 1 charges in the State of PA.
Classified as: 4119 (c)(1) Trademark Counterfeiting by the statute of Pennsylvania. I also negotiated to serve one day less than a year of probation. I was told that the charges won't be dismissed at the end of probation.
The maximum penalty for the crime (M1) going by the Pennsylvania Commission of Sentencing is 5 years as below:
PENNSYLVANIA'S MAXIMUM SENTENCING PROVISIONS
GRADE LONGEST ALLOWABLE MAXIMUM SENTENCE(1) LONGEST ALLOWABLE MINIMUM SENTENCE(2) LONGEST ALLOWABLE FINES(3)
Misdemeanor 1 5 years 2.5 years $10,000
I made sure that I got probation for a day less than a year assuming that my charges (M1) won't fall under CIMT or aggrevated felony. I am still not sure whether my charges fall under CIMT or aggrevated felony.
Could someone please advise on this since I might be approaching the I-140 stage (GC process) in the next 6-12 months.
My basic questions are:
1) Are my charges classified as CIMT or Aggrevated felony.
2) Also, since I served probation, could that be taken as the sentence for the crime mentioned above or would they be considering the maximum sentence as the actual sentence
Would my charges pose issues
3) When I apply for I-140
4) When I apply for 485
5) Or would I be interviewed in the final stages of 485 like most others who have had misdemeanor charges.
6) What chances do I have going beyond Labor Certification in to I-140/485 or for that matter "Permanent Residency".
Thanks in advance and any information about some good immigration and criminal lawyers related to the above mentioned charges would really help me make a decision to start looking at other options rather than pinning my hopes on Permanent Residency.
Here goes my background. I hold H-1 visa and currently in the 7th year. I applied for Labor Certification (LC) via RIR in February 2005 and my 7th year will expire in November 2007. Before which I expect my LC to be certified and hopefully I-140 as well which will give me another 3 years extension.
Now my problem: I have Misdemeanor Charges (M-1) in the State of Pennsylvania. The following matter could be verbose but I thought it would better describe my situation.
I was working full time as a Software Engineer and simultaneously started a retail business within a kiosk in the mall in August 2003. I sold handbags and hired legal US Citizens as employees in the mall in the State of Pennsylvania. On December 3rd 2003, the local police seized all the handbags which they thought were counterfeit bags. I had no idea about the whole thing and hence closed the business at the end of December 2003.
In Feb 2004, I was summoned to the court (District Justice's office) for charges on trademark counterfeiting.
I was escorted by my criminal lawyer to the District Office and let go on bail after submitting the fingerprints at the
police station. I was photographed as well. My belief is that I was arrested even though I was not handcuffed. Since I was on my way to India for vacation, the District Court granted my request to hold the preliminary hearing on a later date. After I got back from India, I approached the court on the preliminary hearing date with a a plea bargain
to reduce the felony charges to misdemeanor.
In June 2004 I was convicted for Misdemeanor - 1 charges in the State of PA.
Classified as: 4119 (c)(1) Trademark Counterfeiting by the statute of Pennsylvania. I also negotiated to serve one day less than a year of probation. I was told that the charges won't be dismissed at the end of probation.
The maximum penalty for the crime (M1) going by the Pennsylvania Commission of Sentencing is 5 years as below:
PENNSYLVANIA'S MAXIMUM SENTENCING PROVISIONS
GRADE LONGEST ALLOWABLE MAXIMUM SENTENCE(1) LONGEST ALLOWABLE MINIMUM SENTENCE(2) LONGEST ALLOWABLE FINES(3)
Misdemeanor 1 5 years 2.5 years $10,000
I made sure that I got probation for a day less than a year assuming that my charges (M1) won't fall under CIMT or aggrevated felony. I am still not sure whether my charges fall under CIMT or aggrevated felony.
Could someone please advise on this since I might be approaching the I-140 stage (GC process) in the next 6-12 months.
My basic questions are:
1) Are my charges classified as CIMT or Aggrevated felony.
2) Also, since I served probation, could that be taken as the sentence for the crime mentioned above or would they be considering the maximum sentence as the actual sentence
Would my charges pose issues
3) When I apply for I-140
4) When I apply for 485
5) Or would I be interviewed in the final stages of 485 like most others who have had misdemeanor charges.
6) What chances do I have going beyond Labor Certification in to I-140/485 or for that matter "Permanent Residency".
Thanks in advance and any information about some good immigration and criminal lawyers related to the above mentioned charges would really help me make a decision to start looking at other options rather than pinning my hopes on Permanent Residency.