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My comments are just that, comments, and are not to be constructed as legal advice. I try to make that very clear for all to see, if you need legal help you must contact an attorney. What you call "new law" is not law, yet. Current law indicates that if you commit a crime that reflects on your...

S. 2454 is a senate initiative very similar to H.R. 4437 but with a somewhat less severe wording. If you committed a CIMT, you're at the mercy of USCIS when it comes to naturalization, you should contact an attorney for further details. If you commit a crime that reflects on your good moral...

H.R. 4437 is not law, yet. IMH S. 2454 has a much better chance of passing.

When it comes to admissibility, the "alien's own admission to the elements of a crime of moral turpitude" counts as a conviction. The OP mentioned the crime was committed but she wasn't charged. She could lie and probably get away with it, but that would be morally reprehensible. If she tells...

You were convicted of a crime, the fact that agreed to do the community service means you took responsibility for your actions. You will be asked about arrests and convictions and you must disclose any relevant information. Your statutory period for showing "good moral character" is three years...

Even if the court do not inform USCIS, and most times they don't unless it's a serious crime, the information will be available to the adjudicator or fact finder through the computer checks. You have to make sure you report your conviction to the USCIS officer at the interview, it's critical you...

It sounds awful strange that you were denied citizenship because of a tax return. You may want to seek legal representation on this area. Probably the officials are mistaking your situation with tax fraud. For fraud to exist, your misrepresentation has to be harmful to the government, meaning...

If the CIMT has a statutory maximum sentence of more than one year, you do not qualify for the petty offense exception and may require a waiver. This is NOT legal advice, you should consult with a qualified attorney for legal guidance.

Case sealed or not, it does not matter much since a conviction was entered. You did not received an imposed sentence (probation does not count), so you should check the statute of conviction and the maximum possible jail time a judge is allowed to impose under the statute. If that time is under...

You cannot establish good moral character with a CIMT conviction during the statutory period. If you're convicted in any way or plead guilty or nolo, your new statutory period will begin on the day you committed the offense (this is the "stopping the clock" rule). If you commit another CIMT you...

If your fiance has a felony record (not related to marriage fraud or alien smuggling) you should consider how that fact is going to affect your everyday life. A convicted felon cannot vote, carry a firearm, and may have other restrictions or conditions to comply with if the person is still on...

Why are you looking at the petty offense exception now?There should be no implications related to removal but the crime could prevent you from showing good moral character. If that's the case, you would have to wait five more years after the commission of the crime to apply for citizenship...

If you are concerned with admissibility you should consult with an attorney. Even if you had a conviction, if they criminal act occurred before the age of 18 it does not make you inadmissible. You should disclose the "warning" you received if asked, it's always best practice to be honest...

EAD is the employment authorization. EAD is not required after the alien becomes a permanent resident.

A conviction for a crime of moral turpitude could obviously, regardless of the sentence, prevent the finding of good moral character. Other convictions could come into play as well, regardless of the time when they occurred. It looks like you will have to wait an additional five years before...

Deportation can be triggered by multiple CIMT convictions regardless of the sentence if they do not arise from a single scheme of criminal conduct. When dealing with one crime only, it has to occur (the date of conviction is not relevant here) within the first five years after admission and the...

The DUI is not a crime of violence nor a CIMT. The simple battery offense (243a) is not a CIMT, and given the term of imprisonment, not an aggravated felony. The theft offense is a CIMT. This is NOT legal advice. You should seriously look into legal representation to obtain qualified advice...

You should look into adjustment of status. After filing for AOS, she can receive an EAD and obtain a social security number and a driver's license. She cannot receive a K-3 visa from within the United States, those visas are only available through consular processing. Taxes can be amended, but...

You must be honest and admit to the commission of this offense if asked about arrests or convictions. You should never lie to the consular officer. Shoplifting is a CIMT, and (most likely) could cause the denial of the visa. However you can apply for a waiver of inadmissibility. Since you...

Sounds like you should consult with a good immigration attorney. If the DUI was just a simple regulatory offense you should be fine. Simple DUI (as defined by the CA penal code) is not a CIMT or a crime of violence. However some statutes combine DUI with other offenses such as driving on a...