Criminal Law Aggravated Menacing and Green Card app. I-751

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SH1980

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Hi, I am a conditional permenant resident (2 years gc due to marriage to US) and I applied for the renewal Apr 2007(3 months before the current gc expired); I was fingerprinted for it, and I got a one year extension letter for my green card.

On May 2007 about 2 weeks after I filed the I-751 I was charged with Aggravated Menacing and my state lawyer couldn't reduce the charge so I'll have to plea to: susbended jail time under probation, 32hr community service time, a $500 fine, and I wasn't arrested.

- Will my green card renewal applicatoin be denied? this is my first and only offence with first degree Misdemeanor?
- I understand this is a first degree misdemeanor but is this crime of moral turpitude?

I have an immigration lawyer and she thinks it should only affect my Citizinship application not my green card application but I am looking for second opinion. Please help, this is making me so worry.

Thank you very much.
 
I need to know the maximum penalty under the crime you where charged?
What is the maximum penalty of the crime you are pleading to?
To know if it is a crime of moral turpitude, I need a summary of what happened? Just giving a one liner would not answer the question.
If the crime qualifies under the exception petty crime exception, you would have to be of good moral character for at least five years you complete the court's sentence to become a US citizen. So, it should not affect you if you meet the condition……..Not sure of what your lawyer is saying. If she still insists on what she told you, then I think she does not understand your question or does not know the law.
 
Thank you very much for the quick respose I really appreciate your help.
-The charge and plea are the same they are Aggravated Menacing.
-The max charge for it is 6 months jail time and $1000 fine.
-my nieghbour let his dogs out in my yard and they were about to attact our dog, so my wife screamed at the dogs to keep away so he started calling her names and thereaten her, she came to the house crying, I took my baseball bat and went outside thinking the dogs were still out attacking but they weren't so I went to the nieghbours house and asked him what happened I didn't realize the bat was in my hand at this time so he saw it and started screaming and calling me and my wife names out of no where. My wife and him both called the cops and they came over and refused to listen to what we have to say and all what they said that I had a bat with me and charged me with Aggravated Menacing becuase the nieghbour said I threatened him which didn't happened but I can't prove it.
-my main concern now is the application of my green card and if I will be deported because of this offense.

thanks again.
 
Calm down man……….You are okay. The alleged offense would not stop them from renewing your GC. It might not even qualify as a crime of moral turpitude depending on the police report, circumstance and the immigration officer's view. Even if it is, it still qualifies under the petty crime exception…………The maximum penalty is less than a year so it should not affect your immigration statues. Just be honest about it to immigration and hold all relevant court disposition papers when traveling out of the US. Every alien can benefit from this exception of CIMT once. Just be more careful……….You would be amazed at the small things which get people deported. Wait for five years and file for citizenship. Oh, one thing.......The petty crime exception applies only if you have been living in the US for five years or more before the crime occured.
 
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Sir, You have no idea how much I am thankful for your reply, you should be awarded or something great for all your help, I have been reading the forums and seen how much helpful you were for so many people including myself.

Now I want to ask you something; I already have filed the I-751 app to remove conditions on my permenant resident status, and that was before I was charged, so, do I need to inform the INS of this offense or leave it till they ask for it or schedule an interview and then tell them, I want to be honest and I know there is nothing hidden from the INS.

Again thank you very much alot.
 
I missed this part; I have been living in the states for 2 years and 9 months before this was happened so I don't know what will happened now? I am sorry to bother you so much with all of these questions.
 
That makes the situation a bit complicated but there is a way to proceed. The exceptions I mentioned above are for people who have lived here for at least five years. Your crime could be considered a CIMT. So you would not qualify for the exception ………………less than five years in the US. But your immigration lawyer can apply for a waiver given you are married to a US citizen. A waiver under section 212(h)(1)(B). Your immigration lawyer would tell you how to prepare the relevant paper work. I am surprised your immigration lawyer did not tell you the exception would not apply, given your crime could be viewed a CIMT, and given you have been living here for less than five years……….instead advised you to take a plea without even changing the charge name to something like disorderly conduct which would not affect your immigration statues. continues in next post..........
 
Waivers are not the easiest things to get approved. I would say you should reconsider accepting a plea if you have not signed yet. If they are not offering you a plea for reduced charge to disorderly conduct. The impact of the current plea could mess your statues…..Your lawyer should plead with the DA given your statues……The impact of accepting the plea might seem an easy way to solve the problem but could mess up your statues in the US leading to removal proceedings and spending a fortune for your immigration case. You have to really review your case with your lawyer or other lawyer to see if you can't beat the charges in court. Accepting the plea should be your last option given you don't qualify for the exception. I hate to be the one to tell you this, but your immigration lawyer is not good enough base on misinformation she has given you which could be crucial to you stay here. You might want to get a second opinion and read section 212 of immigration law. You would see why I think she is not giving sound legal advice.
 
Thanks again for your help, I didn't sign the plea yet and my trial is at the end of this month, my state lawyer was trying to push on Disorderly Conduct but the prosecuter refused, and that is why I was thinking to just plea to Aggravated Menacing but since you advised not to, so I am just going to take my chance for a trial. Although, I am wondering if we present a good case in the trial, but the judge don't see "not guilty" coming, is it possible for her to give me lower charge like Disorderly Conduct? I really wish this would be over or never even happened.

I am so thankful for your help.
 
Send me a private message so we could explore some options. For privacy reasons, can't go beyond what I have here.
 
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