Criminal Law is this aggavated felony or not in terms of immigration law

[tuow]

My green card has been expired last year. I am hesitate to renew it because of my crimminal record 7 years ago. basically the offense is an insurace fraud for a 100,000$ policy. I did not receive any money as insurance company found it is a faulse claim. i pay about 2 thounsand fine and 3 month jail and 3 year probation.

The Immigration law consider a loss to a victim exceeding 10,000$ a aggravated felony. I would like to know if my case was a aggravated felony

thanks for your help

 

[mafioso]

What is the maximum possible jail time for your offense?
That would determine a lot............

 

[tuow]

What is the maximum possible jail time for your offense?
That would determine a lot............

thank you very much for your replying.

The maximum jail time is 3 years for the offence.
but i only served 3 month.

I have serched INS law, it seems for "aggravated felony" , there are two most import condition:
1> more than one year jail time OR
2> loss to the victim is more than $10,000.

for my case, the first condition is not meet. but i am not sure the second condion if I meet as it is 100,000$ life insurace contract.

 

[mafioso]

Your offense does not meet the petty crime exception. The maximum possible penalty for your offense is more than a year which would make you inadmissible to the US. They look at the maximum possible jail time, not just the actual time. Both matter. They would probably deny renewing your GC if they find out. Even if they renew it without them knowing or noticing……that happens at times.............when you travel out of the US, on return it could pop on when they scan your names and info. If you had filed for your citizenship and got it, it would not have affected you in any way. I just mention this due to questions I get about what would have happened if the person had become a US citizen before the crime.

 

[mafioso]

Oh, you would want to consider getting an immigration lawyer to access your history and chances for a waiver.

 

[tuow]

Your offense does not meet the petty crime exception. The maximum possible penalty for your offense is more than a year which would make you inadmissible to the US. They look at the maximum possible jail time, not just the actual time. Both matter. They would probably deny renewing your GC if they find out. Even if they renew it without them knowing or noticing……that happens at times.............when you travel out of the US, on return it could pop on when they scan your names and info. If you had filed for your citizenship and got it, it would not have affected you in any way. I just mention this due to questions I get about what would have happened if the person had become a US citizen before the crime.

I know I will have trouble when I face INS. What really worry me is that if my case is "aggravated felony" or not. if it is a "AF" case, there is no chance to apply for waiver. if it is not, i am quite confident i can get the waiver.

Thanks for you help

 

[mafioso]

It is an aggravated felony by immigration law...............an attempt of a loss of above 10000$ is view the same as a loss.

 

[someone25]

so does that mean he is inadmissible to USA??? not even waiver?

 

[mafioso]

Yes..............But immigration law has many possible interpretations. Some lawyers and immigration officers might follow the guideline strictly and say the money was not loss but he attempted to get it………it would raise the frequent question which some lawyers use……..He never got a dime and might shot for something lower from them……… In some cases depending on each case and the facts in the case.............It might not be viewed as an aggravated felony. In 98% of the cases it is. It all depends if you are viewed as the master or just a small piece or accessory of the scam.

 

[someone25]

as i understand, as long as the crime was not dangerous to the USA or a US zitizen. One should be able to get a waiver, right?

as you knew my case, do you think it was dangerous to this country or a USA citizen?

 

[mafioso]

Yours does not even need a waiver........you are find. Any crime which is a CIMT would need a waiver if it does not meet the exception.