How much this misdemeanor will impact my application?

[qjnl 4]

Hello,

I am very nervous and I really wish that someone can give me some pointers. Any help is greatly apprecaited!

I entered to the US legally and is currently on F-1 student visa.

I want to file a green card application through marriage. My wife and I have been together for almost 5 years. We just got marry about 2 months ago. We really want to make a step forward in our lives. However, I made a poor judgement when I was in college, which result in a conviction of MN Statute 609.52.2 (3) (i). I had made the restitution, served the community services and paid the fine. Here’s the information about the statue: https://www.revisor.mn.gov/statutes/?id=609.631#stat.609.631 . The maximum possible penalty for this is: - Where the value of the property or services stolen is $500 or less, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both. Someone told me that it is a petty offense even determined involving moral turpitude. If it is the case, I may not inadmissible to apply green card most likely.

I want to try to file the application by myself. Does anyone know if I will experience a lot of troubles for my green card application?

What should I prepare for the application besides of all the normal stuffs?

Any help is greatly appreciated!

Thank you again for your time!

[aussie_jason 195]

It shouldn't be an issue as long as you provide a certified disposition from the court, if you don't provide a certified disposition and instead just provide a copy then they will deny you.

[Harpa Timsah 13,258]

Check forgery? That is a CIMT. You will have problems.

You should consult with a lawyer and be prepared to submit an in-country I-601.

[aussie_jason 195]

My bad, go with what Harpa said not me as check forging is fraud and that is a crime of moral turpitude.

[Hypnos 6,576]

The petty offence exemption may apply, if that is your only CIMT, meaning no waiver would be required. You should speak to an experienced immigration attorney to explore that possibility.

[lumia 1]

The petty offence exemption may apply, if that is your only CIMT, meaning no waiver would be required. You should speak to an experienced immigration attorney to explore that possibility.

FYI: The exemption is in INA212(a)(2)(A)(ii)(II):

[T]he maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

So the OP potentially falls under this exemption, if that is his only conviction.

[zuluweta 250]

Check forgery? That is a CIMT. You will have problems.

You should consult with a lawyer and be prepared to submit an in-country I-601.

This. I agree. That's actually a deportable offense. You need to hire a competent lawyer.

[zuluweta 250]

Woman under deportation for forging a $19.83 check at Safeway

link: http://www.nytimes.com/1997/08/11/world/after-crime-she-made-a-new-life-but-now-faces-deportation.html

[zuluweta 250]

Marco Gonzalez, deported to Guatemala for passing a bad $300 check

Link: http://www.usatoday.com/story/news/nation/2014/01/08/family-torn-asunder-by-dads-deportation/4382219/

[lumia 1]

This. I agree. That's actually a deportable offense. You need to hire a competent lawyer.

Woman under deportation for forging a $19.83 check at Safeway

link: http://www.nytimes.com/1997/08/11/world/after-crime-she-made-a-new-life-but-now-faces-deportation.html

Fraud check is a CIMT, sure, but the petty offense clause defers to State law penalities. OP was convicted MN laws, while the two links you quoted are from NY and MI, so they're not directly applicible to his case. Although in his case a attoney is probably necessary.

[aussie_jason 195]

The OP's link-fu is weak, he linked to the wrong statute, this is what he meant:

https://www.revisor.mn.gov/statutes/?id=609.52

Theft is still a CIMT but this would seem to qualify as a petty offense, however I would still at least consult with an immigration attorney.

[Jawaree 717]

Petty offence....however cover your rump with an atty, U may need an in-country waiver

U may not. Don't get surprised make sure U go get a certified copy of disposition also.

Edited May 31, 2014 by Jawaree

[giftason80 1]

In my opinon i think u should talk to an atty. cuz that looks like something a lil bit serious, cuz that as a matter of fact could result in detaining if you are properly cleared which is possibly the last thing you would need right now....well it could go well since i was convicted too, but when i was filing i sent in my court disposition and you know all police clearance and every paper to show i already paid for my offense!....so people saying this that about deportation is very less likely that happens, u already did ur time or paid your fine, so why will they try convict u again.......Basically just sent the court disposition along with the paper work and hope thing work out fine!....but try talk to an expert, there are lot of them that does it for free out there i mean initial consultation.....GoodLuck