Help urgently needed

[freddy22]

My son aged 19 pleaded to UUMV NY Penal Code 165.5 a class E felony Unautorized us of a motor vehicle; (NOT A CIMT)

Thus plea bargain was offered and accepted from the original Grand Jury Indictment of Grand Larceny 3rd and grand Larceny 4th:

The DA has agreed to sentance him to 364 days local jail thus avoiding the aggrevated felony clause under immigration;

My beleif after consulting a immigration attourney is that UUMV as above is not considered a CMT - crime of moral turpitude and therefore could not be deemed as one;

My son has priors;

2 criminal mischeif misdemeanors

1 criminal trespass misdemeanor

both apparently not CMT;

He has a petty larceny misdemeanor though which IS a CMT;


Immigration said they will proceed with trying to deport/bring a case against him for the petty larceny charge;

As you are allowed 1 CMT commited AFTER 5 years of entry and not more than 1 year in jail I do not see how they can try to bring a deportation against him on that alone BUT they have something else;

They called me a while ago about a year after putting a immigration hold on him and then lifting it and said he was 'out of status in 2001' - true his visa ran out in between the time I ggot married and filed for his green card along with mine and his sister - we all lapsed status for a few months while our Green cards were processed and later granted;

The ICS knew about the lapse of status at the time we applied and dealt with it then and therefore closed it BUT how can they bring it BACK UP again 10 years later to try to tie it in with the petty larceny charge as a case for deportation????

He has been here since March 2000 and never left the USA;

He got his green card finally after much waiting as we did in December 2006 making his 5 year green card time frame complete in December 2011;

what are your thoughts anyone?

[freddy22]

After I have presented my sons history to Immigration Attorneys and had various consultations with them, it is a unanimous conclusion that my sonis not removable under Ina $237(a)(2)(A) General crimes;
(i) Crimes of moral turpitude.-Any alien who-
(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j) ) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed. Is deportable


My sons “Petty Larceny” occurred in 2008 – 8 years after the date of admission to USA, therefore did not commit the alleged offense within 5 years of entry as per above;
It is abundantly clear that “ADMISSION” means as defined in
TITLE 8 : CHAPTER 12 : SUBCHAPTER I : § 1101
§ 1101. Definitions
(13)
(A) The terms “admission” and “admitted” mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.

It is also abundantly clear in past case files brought before an Immigration Judge –


In a almost mirror image case the same virtually as my sons , the result was that the order was vacated in that the Immigration Judge found that ADMISSION under $237(a)(2)(A) means ENRTY INTO THE USA and NOT a change of status, application for a change of status, or out of status change – the Judge found that it means when the Alien ENTERED the USA after inspection by Immigration;

TRUE?