I was offered a deal in my upcoming criminal case which would see me getting 360 days deferred adjudication with no finding of guilt for a crime involving moral turpitude , theft , if I pay the restitution back upfront , which I can do . Under immigration law , that MAY be deport able but my question is this . Under immigration law , a permanent resident ( me ) has to wait five years before applying for naturalization in order to show that I have rebuilt good moral character but some places on line say if you have a CIMT , you can never show good moral character again after the fact and then some places say you can , if you wait at least five years so I'm kind of confused . I know if I get sentenced to more than 365 days it becomes an aggravated felony but if it stays under 364 , can I move forward ? Thnx
You should seek the help of an immigration lawyer when you are in this situation.
Madrid Crost Law Group - (888) 466-4478; e-mail: firstname.lastname@example.org; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.
I have to add to my colleague's opinion that you should do that ASAP and prior to taking a deal.
I agree with my coleagues. Immigration law treats criminala djudications differently then criminal law. You should discuss this issue with your criminal attorney who can then guide you with the assistance of an experienced immigration attorney. The USSC in Padilla case decided that criminal attorneys now have an affirmative duty to provide guidance to aliens in criminal court. If you have the PD representing you, most PD offices now have immigration attorneys who assist with consultations. Good luck.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
In addition to what my colleagues said, it also depends on the classification of the criminal offense (Class A, B, C). You should seek an immigration attorney in your state because each state has offenses that may have different consequences, according to its application to Federal law.
Answers here do not create an attorney-client relationship.