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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28676
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Legal permanent resident and in 2013 my ex accused me of

Customer Question

I am A legal permanent resident and in 2013 my ex accused me of breaking into his house and stealing a bag of toys. I subsequently was was charge with 3rd degree burglary and larceny and then 2 conspiracy charges 1 of which was dropped. I should go trial in may and the state has now offered a plea of probation, idk exactly the terms of it yet. My question is should I plead guilty or no contest to accept the plea or would my conviction be basis for deportation.
Thanks
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Judith Ludwic replied 1 year ago.

It is difficult to tell you what the consequences of your plea will be until you have knowledge from your lawyer about the deal.

1. What will you be required to plead guilty to?

2. What is the term of probation?

3. What is the maximum possible sentence for the charge you are pleading guilty to.

Burglary and Larceny are crimes involving moral turpitude and you get one free pass if you have a conviction for a minor misdemeanor that carries a sentence of less than 1 year and you are sentenced to less than 6 months. Probation is considered a sentence.

So it is better for you to hold off on the telephone discussion until you have the answers to #1-3 above.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 year ago.
to clarify 3rd degree burglary, 3rd felony and 2 4th conspiracy, one which was dropped at the grand jury trial. And I am wanting to know if I was to take the probation plea would I be safe from deportation so long as I completed my probation correctly.
Customer: replied 1 year ago.
My telephone number is *** *** ****
Expert:  Judith Ludwic replied 1 year ago.

I cannot call you unless I send you an offer for premium service.

Also, until you tell me what the longest possible sentence for the charges is and how long your probation will be I cannot answer the question.

Also I need to know how long you have been a permanent resident because you may be eligible for cancellation of removal if you are put into proceedings.

Judith

Customer: replied 1 year ago.
The maximimum I face for the burglary is 3 years and larceny 18 months. These are my first felonies. I terrible do have 2 duis though. I have lived in the U.S. 13 years and these incidences occurred in 2013. My lawyer is yet to find out the probation term but did you say should I even receive probation for these alleged crimes I would face deportation?
Expert:  Judith Ludwic replied 1 year ago.

Honestly it doesn't look good for you. The burglary is considered a serious felony and yes you could face removal for this conviction. Only one would be counted because both crimes arose out of a single act. The look at the most serious.

I wish I could say this would be overlooked and it may be for awhile but when you go to renew your card, you have to have biometrics done and it will show your criminal history when the FBI does the check. At that time you could be referred to ICE and issued a notice to appear before an immigration judge.

There is what is called cancellation of removal but it requires a showing of good moral character, in addition to having 10 years of physical presence. You also have to prove extreme hardship to a "qualifying relative" which is a US citizen spouse or child.

If you are removed and are married to a US citizen you could apply again for resident status but you would have to request a waiver of your inadmissibility from the removal and the criminal conviction within in 10 or 15 rears of applying to be admitted again.

This is definitely something you want to retain an immigration attorney locally to review and to have them then contact your criminal lawyer to discuss. Your criminal lawyer is supposed to advise you of your immigration consequences but often they are clueless about immigration laws. Don't count on them protecting you from immigration consequences and get a local immigration lawyer to discuss outcomes with them.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith