BIA has per se inadimissibility for certain crimes convicted. However, Fedearl court has jurisdiction on interpretation of Fedearl and State criminal statutes. Thus, the outcome of a particular case depends on the state law. Fraudulent intent likely put 一時糊塗's case as per se inadmissible, however, if the maximum sentence of the penalty did not exceed 1 year, 212(a)(2)(A)(ii) is still applicable. Since the actual jail time was 60 days, one element of section 212(a)(2)(A)(ii) was never an issue in 一時糊塗's case.
The PRIMARY CONCERN is the maximum penalty. Depends on which state the crime was committed and tried.
Disclaimer from Howdy: The above message is just a discussion, not a legal advise. Any problem concerning a legal matter shall be discussed with a legal professional. The reader of this message assumes the risk of treating the discussion as a legal advise and any consequence of action taken by the reader based on the message.