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CIMT conviction- travel to india- please help!!

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  • CIMT conviction- travel to india- please help!!

    Hi,
    I am really ashamed to say that I have been convicted of petit larceny in VA which is a class 1 misdemeanor, max possible sentence is upto 12 months. My lawyer was trying to reduce the charges but the DA on my case was very very strict. I am on a green card and my lawyer told DA about the possible problems in immigration and future citizenship, but DA said as long as I am not going to jail for more than 6 months, I will be fine with immigration. So in the end they gave me 5 months 29 days jail sentence , all of which is suspended for 3 years if I don't get into any other trouble.
    I plead not guilty, but "enough evidence stipulating my guilt".
    This is my first and only offense, never even had a speeding ticket.
    Here are my questions-

    1. I am planning to go to India later this year. Can they stop me at POE and deport me? What are the chances of successfully visiting abroad and come back?

    2. I will be eligible for citizenship 3 years from now. How will this CIMT conviction effect that. Is there a CIMT exception for citizenship?

    Please reply with any advise /experiences in such cases.
    Thanks.

  • #2
    Based upon your description your conviction would fall under the "petty offense exception" since you were not sentenced to imprisonment for more than six months and it is your only CIMT. Though you may be questioned about the conviction upon your re-entry into the U.S. you should be allowed in. This exception also qualifies for citizenship purposes.

    Originally posted by iregretitsomuch View Post
    Hi,
    I am really ashamed to say that I have been convicted of petit larceny in VA which is a class 1 misdemeanor, max possible sentence is upto 12 months. My lawyer was trying to reduce the charges but the DA on my case was very very strict. I am on a green card and my lawyer told DA about the possible problems in immigration and future citizenship, but DA said as long as I am not going to jail for more than 6 months, I will be fine with immigration. So in the end they gave me 5 months 29 days jail sentence , all of which is suspended for 3 years if I don't get into any other trouble.
    I plead not guilty, but "enough evidence stipulating my guilt".
    This is my first and only offense, never even had a speeding ticket.
    Here are my questions-

    1. I am planning to go to India later this year. Can they stop me at POE and deport me? What are the chances of successfully visiting abroad and come back?

    2. I will be eligible for citizenship 3 years from now. How will this CIMT conviction effect that. Is there a CIMT exception for citizenship?

    Please reply with any advise /experiences in such cases.
    Thanks.

    Comment


    • #3
      Thanks.
      Do I need to wait 5 more years to apply for citizenship or CIMT exception makes me eligible for applying for naturalization after 3 years, even with a conviction within 5 years of statuary period ? ( I had green card for 2 years and would have been eligible for citizenship after 3 more years.)

      Comment


      • #4
        No, the petty offense exception should take care of that CIMT even if it's in the 5 year statutory period.

        Originally posted by iregretitsomuch View Post
        Thanks.
        Do I need to wait 5 more years to apply for citizenship or CIMT exception makes me eligible for applying for naturalization after 3 years, even with a conviction within 5 years of statuary period ? ( I had green card for 2 years and would have been eligible for citizenship after 3 more years.)

        Comment


        • #5
          Interviewing officer could still deny citizenchip if shoplifting occurred within the statutory period.

          Comment

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