is a misdemeanor (first degree), PC 817.60(1) (assuming the charge was credit card fraud which is a statuary larceny under FL law, just use FL an example) under s.775.082(imprisonment) or 775.083(fine).
1. Under s. 775.082, For a misdemeanor of the first degree, the sentence is imprisonment not exceeding 1 year.
Since ur were jailed for 60 days. I assume that ur final disposition was a misdemeanor of the 2nd degree which has a maxmium sentence not exceeding 60 days which might be offered by the DA to dispose the case faster and the defendent had no criminal history.
The u look at section 212(a)(2)(A)(i) &(ii) of INA:
INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY
Sec. 212. [8 U.S.C. 1182]
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
....
(2) Criminal and related grounds.-
(A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the 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).
Therefore, to be able to AOS (admissible)
if U must answer NO under 212(2)(A)(ii)exception:
1. w/ the crime committed had a maxmium penalty of imprisonment less than 1 year?.
However, under 212(2)(A)(i). 2nd Q.
1. w/ the charge laid against u was a crime concerning moral turpitude?.
It was YES under BIA standard. " The crime involves fraud as a central ingredient and requires proof of
mens rea sufficient to classify it as a crime of
moral turpitude." Since u were charged & convicted for Credit Card Fraud (credit card taken & used w/o consent and by fraudulent means). It's the "F" catagory of crime involving Moral turpitude.
"Moral turpitude refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general. Moral turpitude has been defined
as an act which is per se morally reprehensible and intrinsically wrong, or malum in se, so it is the nature of the act itself and not the statutory prohibition of it which renders a crime one of moral
turpitude. Among the tests to determine if a crime involves moral turpitude is whether the act is accompanied by a vicious motive or a corrupt mind". Hamdan, 98 F.3d at 186.
Since Federal court adopts BIA's interpretation of Moral turpitude or good moral character, by the above definition, Therefore, U might have a problem in getting ur AOS by committing a crime involving moral turpitude.
U could consult a lawyer for possible remedies.
One possible remedy is a waiver. Waiver is only available to those who have USC immediate relatives (spouse,children, parent). Waiver is to waive the inadmissibility due to the crime convicted because the hardship suffered by the USC.
In ur case, applying a waiver after u gave birth to ur child increases ur chance of AOS. At least, u would have 2 USCs suffering than just ur hu*****and now.
Immigration is a federal law. Any licensed attorney can represent u even he/she is in a different state. A good immigration lawyer can adequately advise u on the consequence of the past criminal record.
Highly likely u would receive an interview, WHY, marraige GC with a criminal inadmissibility calls for the care of a DAO.
U can either ur waiver to a sevrice center before the interview, or to the local office at the time of the interview. TSC likely will transfer the waiver to the local office. The waiver would be paid in the form of money order $265 (current) to DHS. Sometimes a receipt may not be provided.
1. Under s. 775.082, For a misdemeanor of the first degree, the sentence is imprisonment not exceeding 1 year.
Since ur were jailed for 60 days. I assume that ur final disposition was a misdemeanor of the 2nd degree which has a maxmium sentence not exceeding 60 days which might be offered by the DA to dispose the case faster and the defendent had no criminal history.
The u look at section 212(a)(2)(A)(i) &(ii) of INA:
INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY
Sec. 212. [8 U.S.C. 1182]
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
....
(2) Criminal and related grounds.-
(A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the 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).
Therefore, to be able to AOS (admissible)
if U must answer NO under 212(2)(A)(ii)exception:
1. w/ the crime committed had a maxmium penalty of imprisonment less than 1 year?.
However, under 212(2)(A)(i). 2nd Q.
1. w/ the charge laid against u was a crime concerning moral turpitude?.
It was YES under BIA standard. " The crime involves fraud as a central ingredient and requires proof of
mens rea sufficient to classify it as a crime of
moral turpitude." Since u were charged & convicted for Credit Card Fraud (credit card taken & used w/o consent and by fraudulent means). It's the "F" catagory of crime involving Moral turpitude.
"Moral turpitude refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general. Moral turpitude has been defined
as an act which is per se morally reprehensible and intrinsically wrong, or malum in se, so it is the nature of the act itself and not the statutory prohibition of it which renders a crime one of moral
turpitude. Among the tests to determine if a crime involves moral turpitude is whether the act is accompanied by a vicious motive or a corrupt mind". Hamdan, 98 F.3d at 186.
Since Federal court adopts BIA's interpretation of Moral turpitude or good moral character, by the above definition, Therefore, U might have a problem in getting ur AOS by committing a crime involving moral turpitude.
U could consult a lawyer for possible remedies.
One possible remedy is a waiver. Waiver is only available to those who have USC immediate relatives (spouse,children, parent). Waiver is to waive the inadmissibility due to the crime convicted because the hardship suffered by the USC.
In ur case, applying a waiver after u gave birth to ur child increases ur chance of AOS. At least, u would have 2 USCs suffering than just ur hu*****and now.
Immigration is a federal law. Any licensed attorney can represent u even he/she is in a different state. A good immigration lawyer can adequately advise u on the consequence of the past criminal record.
Highly likely u would receive an interview, WHY, marraige GC with a criminal inadmissibility calls for the care of a DAO.
U can either ur waiver to a sevrice center before the interview, or to the local office at the time of the interview. TSC likely will transfer the waiver to the local office. The waiver would be paid in the form of money order $265 (current) to DHS. Sometimes a receipt may not be provided.
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