DEMO ONLY. NOT LEGAL ADVICE.
myPadilla has produced the following results based on your inputs in this case.
Client name: John Doe
Cause number: C-1-CR-2018-123456
Charge & Plea: TPC 31.03, Theft, Class A misdemeanor; Guilty – 12m suspended for 3y
Conviction for immigration purposes: This disposition constitutes a conviction for immigration purposes and is a “crime involving moral turpitude” under immigration law.
Effect on existing status: This disposition would not technically bar client from renewing his DACA, because a misdemeanor theft only constitutes a “significant misdemeanor” DACA bar when time to be actually served exceeds 90 days. DACA is a discretionary program, however, and the totality of circumstances will be considered.
Effect on potential future relief: You indicated that client is married to a U.S. citizen. If, now or in the future, client pursues a family-based petition for legal permanent residency based on his marriage, this disposition will render him ineligible. See INA 212(a)(2)(A)(i)(I) (rendering “inadmissible” individuals convicted of a crime involving moral turpitude). Recommendation: To preserve eligibility for this relief, try to obtain a sentence of 6 months or less (suspended or not). See INA 212(a)(2)(A)(ii)(II) (petty offense exception to crime involving moral turpitude inadmissibility ground).
DISCLAIMER: This advice is based on the information provided in the intake. If any information provided in the intake (including regarding the client’s immigration status and history, previous criminal history, and current charge, and all other topics) was incorrect or incomplete, the advice provided by this tool is void. In addition, the advice provided by this tool is only valid as of today’s date. Changes to immigration law or policy in the future could impact the continuing accuracy of this advice. Future arrests of this client for other criminal law violations could also impact the accuracy and validity of the advice provided in this case.