Intent to deny notice

[JAMJAM 0]

Hi everybody! I need some help. April 16th I received an intent to deny. I have 0nly two weeks to respond back, but I'm not sure how.Below is a quoted portion of the notice.

If anyone with similar situation can give me some answers and "HOPE" i will greatly appreciate it. What is my winning percentage here or should i be thinking of just as a hopeless,none winnable case.

Please advise.

Thank you much.

(48)(A) The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien, entered by a court or, if adjudication of guilt has been withheld, where

(i) ajudge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and

(ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.

(B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court oflaw regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.

The records reflect that you appeared for an interview before an officer of this Service on January 24,2008. At that time, the interviewing officer reviewed your application and your answers to the questions posed therein. A sworn statement was taken regarding your criminal history. When asked if you had ever been arrested, you stated that you been three times; once for battery and twice for driving while intoxicated. It is noted that the Service is in receipt of the certified court dispositions for said arrests.

Your criminal history revealed that you were arrested on January 25, 1993 by a ******* County police officer. You were charged with unlawful use of a telephone, malicious destruction of the property of another, and battery. Maryland Case Judiciary, as well as the court dispositions indicated that the first two charges were nolle prossed and that you received probation before judgment for the battery charge.

Although probation before judgment is not a conviction under state law, it is considered a conviction for immigration purposes. Moreover, battery is a crime involving moral turpitude. At the time you were convicted, the maximum penalty possible for this charge under the Maryland Sentencing Guidelines (July 1987) was five (5) years. As you were convicted of a crime involving moral turpitude, you are inadmissible under Section I.12(a)(2)(A)(i)(I) of the Act. Furthermore, as the maximum penalty possible for this charge exceeds one-year imprisonment, you do not qualify for an exception under ~ection 212(a)(2)(A)(ii)(II) of the Act.

As your arrests occurred less than fifteen years before the filing of your adjustment of status application, y u are ineli ible for a waiver ursuant to Section 212(h)(1)(A) of the Act.

However, Section 212(h)(1)(B) of the Act waives Section a)(2)(A)(i)(I) of the Act only if

you file Form 1-601, Application for Waiver of Grounds of Inadmissibility and establish that the refusal of your admission would result in an "extreme hardship" to your Lawful Permanent or U.S. citizen spouse or parent.

[Chica Yeyé 41]

You were indeed charged and convicted of a crime of moral turpitude. You could file the waiver for extreme hardship. I hear one good source for waivers is immigrate2us.net

[JAMJAM 0]

You were indeed charged and convicted of a crime of moral turpitude. You could file the waiver for extreme hardship. I hear one good source for waivers is immigrate2us.net

Thank you Len.

But Len, i was not convicted i was put on Probation before judgment.

I'm no lawyer but my interpretation is the was not convicted in civil law but I'm a "criminal" under migration .

I'm confused

[Chica Yeyé 41]

You were indeed charged and convicted of a crime of moral turpitude. You could file the waiver for extreme hardship. I hear one good source for waivers is immigrate2us.net

Thank you Len.

But Len, i was not convicted i was put on Probation before judgment.

I'm no lawyer but my interpretation is the was not convicted in civil law but I'm a "criminal" under migration .

I'm confused

It does not matter what you or I interpret. What matters is what they just told you in the notice to deny. Consult an attorney and do it fast.

[canadian_wife 1,829]

It says it right in your letter:

Although probation before judgment is not a conviction under state law, it is considered a conviction for immigration purposes

It doesn't matter what your interpretation of your probation is, it's considered a conviction. Get a good lawyer and fast to figure out your options

Good luck.