Legal Question in Immigration Law in New York

Re: Misdemeanor and Immigration

The first issue to resolve here is whether your crime is classified as a "crime involving moral turpitude" under the applicable state law for immigration purposes. It is likely that forgery would be just that.

However, in applying for permanent residency, you may be able to qualify for a waiver of inadmissibility available for so-called �petty offenses.� It is available if the immigrant has been convicted of only one crime, and the maximum possible punishment for the crime was not more than one year in prison, and the immigrant was sentenced to six months or less. The offense must have been a crime involving moral turpitude, although the crime may be either a felony or a misdemeanor.

In addition, there is a general discretionary waiver based on the status of the immigrant rather than the crime. The offenses covered include crimes involving moral turpitude, among others. If the immigrant is the spouse, child or parent of a US citizen or permanent resident, they may obtain a waiver if they show that the denial of the waiver would result in extreme hardship to the qualifying relative.

Both of these waivers require a detailed examination of your facts and circumstances as well as complex legal analysis, which cannot be provided online.

Please note that the above is in the nature of general information, is not legal advice and is not to be relied on as such.

Re: Misdemeanor and Immigration

I understand your concern and want to reassure you that the matter may be dealt with to your advantage in two ways.

First, the INS may grant a waiver as a 'petty offense'. The nature and dollar amount of your offense suggest the INS may do this. However, you must apply for the waiver. While I recommend you seek the assistance of an attorney in drafting your petition, it is not 100% necessary.

Second, you may apply for relief from the criminal court. This may be accomplished in two ways : certificate of relief from disability and also sealing the record.

The relief from the criminal court will be very, very helpful before the INS. I recommend that the 'certificate of relief from disability' be applied for first. Again, I recommend that you engage an experienced attorney to assist you. This may not be something you can accomplish on your own.

You are welcome to a consultation for no fee. If I took the case, my fee for the INS waiver shall be 250 dollars and 400 dollars for the 'certificate'.