Criminal Law Criminal Record and green card application

[kw104]

Hi everyone!

I had 4 misdemeanor records(petty theft) 9 years ago, and 1 felony records(Burning a gabage basket inside a building). For the past years, I had really regret of what I did. 2 of those misdemeanor records has been expunged 2 years ago, and my lawyer said the felony record can be vacated. I will apply for expungement for the other two misdemeanor records soon. I'm in the United States right now and applying for my green card. I had got my labor Certificate and pending the status of I-140. Will I get any problems applying for my green card?

Please help and let me know if there are any solutions.
Thanks in advance!

 

[NYClex]

Yes, there could be problems. You have committed what immigration law calls "crimes of moral turpitude" and that is an exclusion ground. And you have committed more than one of such crimes.

Now there are exceptions to the rule. To be able to see if an exception applies one would have to know:

-how old you were when you committed these crimes
-what the disposition was, did you serve time?
-where did it happen?
-what was the maximum possible penalty for the crimes

 

[kw104]

Hi NYClex,

Thanks for your great reply. I was awaiting someone to help me and you are my hope!

Please review the following answers:

-how old you were when you committed these crimes

I am 33 year old now;

For the petty theft, I was 23 and 25 when it first two happened. Then 27 when the 3rd and 4 th case.

For the felony, I was 25.

Usually, all of the petty theft cases, I just help my girl friend who is the one commited the crimes. She got away and I was the accused one. We broke up in 1998 and then it all stops.

-what the disposition was, did you serve time?

For all No time served. Just fines, community services and probations.
For Felony, I need also to complete a psychological evalutaion.

-where did it happen?

Petty theft-One in California, 3 in Utah; Felony- in Utah

-what was the maximum possible penalty for the crimes
For the petty theft, I think is 2 years in Jail... I am not sure but it is Class B Misd.

For the Felony, I think it is 5 years in Jail and I was held 10 days in Jail for investigation. No time served after the judgement.

 

[kw104]

Hi,

I am very worry and still waiting for someone kind enough to reply me. Since the crime has been commited for many years ago, if I consult an immigration attorney, will it be any hope to get the green card? Thanks in advance!

 

[NYClex]

I am sorry, somehow I must have overlooked your answer.

Your answers show that you might have major problems. As I said above, the law normally excludes persons with such a criminal record from admission as permanent residents.

The exception would be if there is only one crime of moral turpitude and the maximum sentence would be one year. Now, you have a record of 5 convictions, one a felony.

You definitely should consult an immigration attorney and have him review the record to see what the details were.

 

[kw104]

Thank you NyClex. You are the Best!

But it has been 8 year ago since I convicted and I never serve any jail time. From your experience, do I stand any chances?

Good News... I just found out if I get a full pardon from Mr. President, I might have a chance to get the green card.