Do I Qualify For Petit Offense Exception?
I am a lawful permanent resident since 2001
I was arrested for shoplifting, amount of about $115, and was arrested and charged in NY recently for:
Petit Larceny 155.25 (Misdemeanor A- max punishment of 1 year)
and Criminal Possesion of Stolen Property 5th degree 165.40(Misdemeanor A)
I do not understand this as I thought that being charged of petit larceny already includes and clarifies that you were found with stolen property since you were shoplifting after all, and both charges came from the same crime
I was given an ACD (Adjournment in Contemplation of Dismissal) which means that my case will be dismissed in 6 months
since I've heard by some people that ACD is still considered a conviction for immigration purposes, so does that mean it'll mean that immigration agency will see this as TWO convictions of crime of moral turpitude? if so, does that mean that I do not qualify for Petit Offense Exception since there are two crimes of moral turpitude and will make me automatically inadmissible and deportable?
Re: Do I Qualify For Petit Offense Exception?
If you look at 11 USC 1182(a)(2)(B),
Quote:
Quoting (B) Multiple criminal convictions
Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.
Also, See 8 USC 1227(a)92)(A)(ii):
Quote:
Quoting (ii) Multiple criminal convictions
Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.
Consistent with that, it is my understanding that the USCIS will apply the petty offense exception to multiple petty offenses arising out of a single incident of misconduct.
If you want, you can talk to your lawyer about negotiating to have your plea deal for one of the charges set aside with an outright dismissal substituted for the conditional dismissal, although that generally takes a sympathetic judge and prosecutor.