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I recently got my interview date to adjust my status to permanent…

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I recently got my interview...
I recently got my interview date to adjust my status to permanent resident. Came here as a student in 03, got married and have been married for 2 and a half years but due to financial issues wasnt able to file til this year. In Jan, I got charged with petty theft because while shopping in a rush i purchased a shirt for ma husband but had other options over my shoulder and left the store with the other two shirts in the same spot not realizing. I was taken into custody and released. Got a lawyer went to court hoping to explain my side but he instead told me to opt for the Misdemeanor Diversion Program saying it would remove this from my record which is otherwise clean(not even a traffic infraction) But wasnt able to register for the program because i'm currently out of status. When i got my interview date they said i should have finished whatever program i was in, but I cant since i cannot register without being in status. My question is, what are my chances of actually getting my permanent residency?:( and is there some way i can register for the program .Tried my lawyer but he is no help.
Submitted: 8 years ago.Category: Immigration Law
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6/23/2010
Immigration Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,583
Experience: Private practice in several areas, including immigration
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



You'll be fine. You first have to be granted your greencard, and then you can petition for expungement. Let me explain.Your GC would be denied on the following grounds:

Crime of Moral Turpitude, 8 U.S.C. § 1251(a)(2)(A)(i)
The alien must be convicted of a crime involving moral turpitude committed within five years after the date of entry, and sentenced to confinement or confined therefor for one year or longer. Although the conviction must occur within five years of entry, any entry into the United States may be used to support the charge of deportability.

Multiple Criminal Convictions, 8 U.S.C. § 1251(a)(2)(A)(ii)
A conviction for two or more crimes involving moral turpitude at any time after entry would render an alien deportable, so long as the offenses did not arise out of a single scheme, and regardless of whether the alien was confined therefor. Conceivably, two misdemeanor convictions, not arising out of a single scheme, for crimes involving moral turpitude would make an alien deportable under this provision.

Aggravated Felony 8 U.S.C. § 1251(a)(2)(A)(iii)
An alien convicted of an "aggravated felony," as defined in 8 U.S.C. § 1101(a)(43), is deportable. The Immigration and Nationality Technical Corrections Act of 1994 expanded the number of aggravated felony offenses. (Some, but not all aggravated felonies, would also be crimes involving moral turpitude.) Aggravated felonies now include:

1. murder;

2. illicit trafficking in a controlled substance;

3. illicit trafficking in firearms, destructive devices, or explosive materials;

4. money laundering or engaging in a monetary transaction in property derived from specific unlawful activity if the amount of the funds exceeded $100,000;

5. offenses described in various sections of Title 18 relating to explosive materials or firearms;

6. crimes of violence for which the term of imprisonment imposed is at least 5 years;

7. crimes of theft or burglary for which the term of imprisonment imposed is at least 5 years;

8. offenses described in various sections of Title 18 relating to the demand or receipt of ransom;

9. offenses described in 18 U.S.C. § 2251, 2251A, or 2252 relating to child pornography;

10. an offense described in 18 U.S.C. § 1962 relating to investing income derived from racketeer-influenced organizations;

11. offenses relating to owning, controlling, managing, or supervising a prostitution business or an offense described in various sections of Title 18 relating to slavery, peonage, and involuntary servitude;

12. offenses relating to gathering or transmitting national defense information, disclosing of classified information, treason, or intentionally disclosing the identity of undercover intelligence agents;

13. offenses involving fraud in which the loss to the victim exceeds $200,000, or tax evasion in which the revenue loss to the government exceeds $200,000;

14. an offense relating to alien smuggling for commercial advantage;

15. an offense under 18 U.S.C. § 1546(a) which constitutes trafficking in fraudulent documents for which the term of imprisonment imposed is at least 5 years;

16. an offense relating to failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 15 years or more; and

17. any attempt or conspiracy to commit one of the above offenses.
So you see, you're not even close. So after your are granted the GC, then you can petition for a MOTION FOR EXPUNGEMENT which is what your attorney was talking about. Then that would seal your diversionary program. :)

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



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You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”



















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