AOS with a crime

[Hypnos 6,576]

Well I meant not necessarily, since five years needs to have elapsed since you committed the offence to qualify as a youthful offender. It also needs to have been at least five years since you were released from jail or prison, if your offence resulted in a custodial sentence.

[V24 21]

Well I meant not necessarily, since five years needs to have elapsed since you committed the offence to qualify as a youthful offender. It also needs to have been at least five years since you were released from jail or prison, if your offence resulted in a custodial sentence.

The youthful offender exception and the petty offence exception only comes into action when a juvenile was charged in an adult court. If they were charged as juveniles they are admitting to an act of juvenile delinquency, which is not a CIMT. I know this from personal experience and from lawyers, (I am not being rude i am very interested as it is quite complicated).

So, if he did commit these two crimes whilst he was under 18 and was not charged as an adult, he has not committed CIMTs.

Most likely though, he was an adult... So he can fall under the petty offences exception, if he has committed only one CIMT which we think he has; The noncitizen must have committed only one CIMT (ever); (2) The noncitizen must not have been “sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)” 6 and (3) The offense must have a maximum possible sentence of one year.

[Hypnos 6,576]

Correct - the one CIMT rule is the "petty offence" exception.

OP does not seem to want to return to fill in the blanks right now anyway.

Edited October 10, 2015 by Hypnos

[Robinhood21 2]

I don't know what to say but it isn't good being pessimistic like you are right now.

I'm sorry if I sound negative or pessimistic but is a reality

[Robinhood21 2]

The youthful offender exception and the petty offence exception only comes into action when a juvenile was charged in an adult court. If they were charged as juveniles they are admitting to an act of juvenile delinquency, which is not a CIMT. I know this from personal experience and from lawyers, (I am not being rude i am very interested as it is quite complicated).

So, if he did commit these two crimes whilst he was under 18 and was not charged as an adult, he has not committed CIMTs.

Most likely though, he was an adult... So he can fall under the petty offences exception, if he has committed only one CIMT which we think he has; The noncitizen must have committed only one CIMT (ever); (2) The noncitizen must not have been “sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)” 6 and (3) The offense must have a maximum possible sentence of one year.

Thank you V24 for your reply,I will be more specific,I came here legally with Tourist Visa in 1995 and I was 18 years old,then these issues were in 2001 when I was 23,today I am 38 years old.

Stalking sentence was 1 month in jail.

Criminal Tresspasing sentence was 7 months but I did 4 months.

Edited October 10, 2015 by Robinhood21

[V24 21]

So if the stalking offence maximum penalty is under one year, you will fall under the petty offence exception. It may not even be a CIMT though, do the research to find this out.

[Robinhood21 2]

How so?

I talked to a friend of mine about this and she was like:" you are married with a US Citizen,you have nothing to worry about it,they won't do anything,that issue happenes long time ago"

I also talked to one private lawyer and he asked me a few questions like...

- did you enter legally or illegaly??....legally

- how long ago??...20 years ago

- did you ever traveled out the country?? no,20 years of the physical permanence/presence

- when was the crime??....2001

- did you finished the probation,pay the fines and/or comply with the court order??.....yes

At the end he was like:"I don't see any issues,it's not a big deal,but I would like to talk to you in person,so if you can make an appoinment and I charge $250.00 per hour....blah blah blah"

He said he wants to talk to me in person,about what?? he already know the details of my case,I think he wants my money and no way jose.

[Robinhood21 2]

So if the stalking offence maximum penalty is under one year, you will fall under the petty offence exception. It may not even be a CIMT though, do the research to find this out.

Again,thank you.

I did and you are right and to be honest with you,may be I worry way to much

[Robinhood21 2]

So if the stalking offence maximum penalty is under one year, you will fall under the petty offence exception. It may not even be a CIMT though, do the research to find this out.

......also I don't know if at the interview I will have the opportunity to talk or give an explenation of what happened 15 years ago with these issues,do you know???

[V24 21]

Yup you will, they will 100 percent ask you about it. I would get a lawyer with you to be safe, he can explain the exception if needed or stop them from asking misleading questions.

[Robinhood21 2]

Yup you will, they will 100 percent ask you about it. I would get a lawyer with you to be safe, he can explain the exception if needed or stop them from asking misleading questions.

oh yes,I can do that my self.

I did a research and find out that if the couple goes without a lawyer,the interview could turn into a interrogation,also if you feel like the officer disrespect you or was rude or unfair or violate your rights,you can politely request to talk to the supervisor.

[V24 21]

Yup, good luck and let us know how it goes.

[Robinhood21 2]

Yup, good luck and let us know how it goes.

I will and thank you.