Criminal Law Will offenses/ misdemeanor affect residency outcome?

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FrankieJay

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Hello,
I have a question regarding my eligibility for residency. My Mom and I came to California in '86 and since about 1997 or so we began trying to obtain our residency. Instead of going to an immigration lawyer we went to a couple smaller businesses that "specialize" in such matters, but for some reason we never really saw anything materialize with them, thus deciding to go to a higher level, more notorious immigration lawyer. There are a few things that I have done in my past which I am afraid might hurt my chances of getting the residency. First off, when I was about 16 or 17 I was caught shoplifting from Toys R Us. I believe the amount of the merchandise I had taken was under $100 or so. This was so long ago, I hardly recall the details, but I know that they only got my info and nothing else. They brought my mom in and told her what happened but that was it. The second occasion was when I took 2 CD's from KMart. They got my info (no prints) and didn't arrest me but fined me through a lawyer firm who I had to call to schedule payment option. After I was done paying the fine (I'm unsure but I think it was about $500 or $600) I was required to go to a one-day class. The last incident was when I was about 21....a few friends and I went inside an abandoned house, not to vandalize but to look around and hang out. Some of us weren't thinking and started to break some glass that was already broken off of some windows. Someone called the cops and when they got there took our info, took us to the station, and printed us. My friends and I were 21 so we had to wait for them to "verify our info" is what they told us. We were there overnight and in the morning they said their computers were down that's why we had to wait so long and gave us our stuff and let us go. We went to court a month or so later and had court appointed lawyers, who managed to drop the charge from Trespassing to disturbing the peace and suggested we plead 'no contest'. Afterwards we had a fine and community service and 2 yr probation. Now after all the things I did, I'm aware that they were wrong and wish I could undo them, but am hopeful that this won't affect my eligibility. Our final interview is in a week and Im so worried that they will deport me right then and there. Do you think I have a chance? (By the way, my Mom managed to get this far down the road with immigration by filing through domestic abuse, if that helps at all) Our lawyer tells me that it shouldn't be a problem (she sent for me to take a fingerprint check and the arrest is the only thing that came back...she also said she would check my name through FBI and see if there was anything else that came out, but she hasn't mentioned anything on their response.) I'm so uneasy I'd like to get a second opinion. Please give me any input which might be helpful.v Thanks.


Frankie
 
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Not only a crime which resulted in fingerprinting can affect your GC. Some states or counties still share information on non-fingerprinted offenses with the national crime databases. The key is your crimes must meet the petit offense exception if they involve moral turpitude or CIMT. You crime as a kid might play a role depending on the discretion of the immigration officer......... But your arrest as an adult would be evaluated. It does not seem to be a CIMT. But what also matters is: What was the maximum possible sentence for each of your crimes you where arrested or caught committing?
Even if it might not be a CIMT, it is good to see if it still meets the exception. Even your theft offense might be factored in depending on the circumstance........You must be honest with everything to your lawyer. Lying could cost you your GC. I need the answer to further advice you.
 
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What would be the petit offense exception and what would make my crime (s) a CIMT?? How would I meet the exception? I'm unsure of the maximum sentences for each crime....for the trespassing misdemeanor, would I count the maximum sentence for the dropped charge (of disturbing the peace) or the original charge (of trespassing)? Are maximum sentences the same for each crime or do they vary? My final interview is this Wednesday, my lawyer said everything should be fine, considering it was one misdemeanor and the charge was dropped, the Kmart incident was settled out of court, and the Toys r us was when I was underage. Even though she seems so calm about everything, I can't help but to worry. She also suggested I answer only the questions asked and nothing else, the less you say the better...what do you comment on this?
 
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I have posted the exception many times if you read my past threads.......But I would do it again for you and answer your questions only tmr....Have to get my machine working again.
 
Oh ok I'll search for that now...sorry for all the questions, thing is I'm not too familiar with all this legal lingo. I really appreciate your advice....many thanks!
I'm lost at the "petit offence exception" and CIMT....do you think the two smaller offences wil come up in the interview/ be a big deal?
 
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I read up on CIMT and I understand a bit more. Would this apply to the two offenses where I wasn't convicted? Do you think they will put alot of weight on those two offenses (considering one happened when i was underage and the other was settled out of court)? Like I said, my lawyer suggested I stick only to what they ask.....so under what circumstances should I talk about the two shoplifting occasions? for example, if they straight out ask me about any prior offenses? (aside from the conviction)
 
Your lawyer knows your case best. If you hired him to represent you, I suggest you follow his advice. It is possible the previous charges could affect you since they are CIMT. But given the time……….they might let it go or you might need waivers if they discover it.
 
OK I went to the final interview and the officer was very nice. He only asked me questions regarding the misdemeanor, along with other standard questions. A different officer approved my mom, and she told her her green card should arrive in about 90 days. (By the way, my mom applied for our residency through VAWA)The officer who spoke to me told me everything was fine and he would review my file along with my Mom's and I should get the card in about 2 weeks. My question is....Why the varying dates from both officers? What can happen in this time frame? I know that he can still look deeper into my record and discover the incidents in which I wasn't arrested....what are the odds of this happening and in case it does, what can I do? Thanks!
 
These immigration officers are human.........They sometimes get lazy too and would not get overzealous............If they had seen or discovered anything already, they should have asked you. Just pray it goes on well........No one can predict if they would find it or not. You could get lucky.
 
So they take those 90 days not just to process the card, but to actually look deeper into applicant's records? I'm assuming this happens randomly right? I will pray and keep my fingers crossed...when do you think I should call them if I have not yet received anything? Oh btw, my Mom got her approval letter today...do you think this is a good sign for my pending approval? Because he didn't actually approve or deny me at the interview, but told me I would receive the card in about 2 weeks.
 
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Two weeks is way too fast to get a GC. They must be working really fast if that happens. I can't guess, just wait, pray, and see...........
 
My Mom got her card on Wednesday....two weeks after the final interview! I'm a bit worried that I haven't gotten a letter from them yet....she got the letter a week after the interview. Do you think they're supposed to send me a letter as well? (since the whole reason I'm getting a chance to get my GC is for my Mom and the VAWA case).
 
You can't guess...........If the letter concerned only your mum, then you might have to wait for your own letter. If the letter did not mention you or your own case it was just for her. Be patient because we all don't know and can only guess. I would say if you don't get a letter or card in a month, then your lawyer can try to find out. If they find out all the stuff on your record, they would call you for another interview and review it with you and your lawyer. So just be patient, the next letter you get would tell it all. They might simply be trying to investigate more on the offense you told them since it needs more time than your mum's own with not record.
 
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