Permanent Residency NYClex:please help: Scared: Canadian with conditional discharge applying Green card

[Sidhu]

Hello all ,

Can someone help please?

I tried my websites, attornys, nobody helped me out.

Here is my story:

I am Canadian Citizen, working in NJ from last five years and am on TN visa now, married to American Citizen. My wife is ready to sponser me for green card but I have some background from canada which is as follows:

1995- Aquitted from Sexual Assult( Ex-Wife falsely accused in the revenge) - found not Guilty

1995, january- while waiting for trail for sexual assult, was charged with Public Mischief( count 1) and breach of peace( count 2)( beacuse I was waiting trail for Sexual Assult case). Matter went to Court, Court gave me a conditional discharge with 1 year probation. I completed the probation.
Prosecutor withdrew breach of breach of peace charge ( count 2), Now has police clearane says I have no Criminal Record.

I have been on HI in the past and now on TN.

Question: Am I going to have any problems in getting Green Card because of conditional discharge with probation case?

Please please respond.

Thanks: Sidhu from NJ

 

[NYClex]

What one would need to know is the exact definition of the crime and the possible punishment for it, to determine if it was a "crime of moral turpitude" and what the maximum punishment could have been.

 

[Sidhu]

Thanks NYClex: Here is full story

Thanks a million NYClex for helping me out.

Here is the detail you need.

1995 Sexual Assult charge: found not guilty( ex-wife falsely accused)

- 1995 -

Count 1- Charge name was public mischief.

Type of charge: Summary in Canada ( prosecutor proceeded this charge as a summary, there is a note on the disposition.

maximum sentence of a Summary Charge: 6 months and maximum fime $2000.00

Disposition: Conditional discharge with 1 year probation( probation completed)

Count 2: Cahrge name was breach of peace( charged with count 1)( crown proceeded this charge as a summary, there is a note on the disposition.

Type of charge: Summary in Canada

maximum sentence of a Summary Charge: 6 months and maximum fime $2000.00

Disposition : withdrawn by prosecuotor

Question: What immigartion officer will be looking at in the inetrview i.e. one aquittal,
one charge was withdrawn, one charge pleaded gulity and condition discharge with probation( completed probation). which one?

Question: Please let me am I facing any problem because all of this. Are they looikng at the charge too where it was withdrawn. I am in the usa from last five years( been on TN nad HI visa and now on TN visa).
Please clarify the situation. Very scared and confused.

Thanks,
Sidhu