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  • green card and misdemeanor?

    Hi

    I just got my GC and I am on the 2 year time before all restrictions get lifted.
    I recently got a misdemeanor and I was wondering what the consequences are. Especially in 2 years time, when I would get the permanent green Card?

    Thank you

  • #2
    Originally posted by seemoo View Post
    Hi

    I just got my GC and I am on the 2 year time before all restrictions get lifted.
    I recently got a misdemeanor and I was wondering what the consequences are. Especially in 2 years time, when I would get the permanent green Card?

    Thank you
    Your Q is unclear.
    Are you saying you already have your GC.
    Do u have a 2 yr probabtion?
    What kind of misdemeanor is it?
    If so when did u get ur GC & the misdemeanor?
    What was the max jail time that the judge could have sentenced u for?
    Did u get any jail time?

    Comment


    • #3
      thanks for the quick reply.

      Yes, I received my GC 3 months ago and I am on my 2 year probation now.

      It was for trespassing after i received the GC and it was just a ticket. NO jail time.

      thanks

      Comment


      • #4
        You get a 2 year "probation" for the misdemeanor, or did you mean the 2 years of waiting to be eligible to turn the conditional green card into an unconditional one?

        EB3 ROW I-485 Approved: July 2007
        USC: July 2013
        I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

        Comment


        • #5
          thanks for the reply.

          I meant the 2 years of waiting to be eligible to turn the conditional green card into an unconditional one.

          Will there be a problem turning it into an unconditional one?

          thank you

          Comment


          • #6
            It all depends on how Part3/Q7 on the I-751 form is answered.
            Regards,
            S K Ghori
            skg@vex.net
            http://www.vex.net/~skg/

            **NOTE**
            I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

            **DISCLAIMER**
            I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

            Comment


            • #7
              Thought I would share my own experience here..

              A misdemeanor is just a ticket, nothing more, nothing less. Just like a speeding ticket. Do people get into trouble with their immigration because of that? No.

              I got one misdemeanor ticket in the states (similar case) and got my GC after 4 years just fine and not even worried a bit that it could cause me trouble in the future (I even spoke to the judge about this).

              I got one in Canada (I am going to fight this one) and I am this close to get my Canadian PR ( I have gone through background checks in Canada time and again) as well and I am sure this wonít hurt that either.

              When the cops are called they donít have the time to sit there and listen to all parties and judge the whole thing. They issue a ticket on the spot and then it is up to the court to decide.

              Even if itís a criminal offence itís up to the court to decide whether you are the offender or not and as far as a ticket is concerned, be it misdemeanor or speeding or anything, it is up to the court to make the final decision but it is still done in a civilian court and by no means is a criminal offense.

              Comment


              • #8
                sudiptabhaskar: thanks a lot! That was helpful.

                Comment


                • #9
                  Originally posted by sudiptabhaskar View Post
                  Thought I would share my own experience here..

                  A misdemeanor is just a ticket, nothing more, nothing less. Just like a speeding ticket. Do people get into trouble with their immigration because of that? No.
                  Incorrect. A citation is just a ticket. A misdemeanor is a criminal offence, and often involves no jail time, but it can involve jail time from one day to as much as several months, depending on the specific offence, the jurisdiction, and the judge's discretion.

                  Depending on what type of misdemeanor it is, it may be ignored by USCIS, or it can make you be denied a green card, denied citizenship, or even deported. For example, shoplifting of inexpensive goods is classified as a misdemeanor by most or all states, but it is a deportable offence.

                  In this case, as it was only trespassing and presumably did not involve illegal drugs, stealing, or violence, I would expect that it would not be a problem for your green card, but to be sure you should consult an immigration lawyer and explain all the details of your specific situation (a consultation for this should last one hour or less and cost you less than $300 ... if any lawyer wants to charge you more, choose another. You don't need a Johnny Cochran $1000/hr type of lawyer for this).
                  Last edited by Jackolantern; 9th September 2007, 05:24 PM.

                  EB3 ROW I-485 Approved: July 2007
                  USC: July 2013
                  I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                  Comment


                  • #10
                    hello...!!!
                    a friend of mine has a similar situacion... she got 5 misdemeanors, underage drinking, false info to the police, drinking in public... etc, everything related to alcohol, she spent one night in jail, she hired an attorney and at the time of the sentece, the judge only left one misdemeanor and 1yr probation, she is permanent resident, could that be a problem at the time to get her citizenship?

                    pls get back to me pls.. thanks...

                    Comment


                    • #11
                      Originally posted by astrid View Post
                      hello...!!!
                      a friend of mine has a similar situacion... she got 5 misdemeanors, underage drinking, false info to the police, drinking in public... etc, everything related to alcohol, she spent one night in jail, she hired an attorney and at the time of the sentece, the judge only left one misdemeanor and 1yr probation, she is permanent resident, could that be a problem at the time to get her citizenship?
                      That would appear to classify her as a "habitual drunkard", which is something that could make her citizenship get denied if she applies before 5 years have passed since the last drunken incident for which she was charged.

                      EB3 ROW I-485 Approved: July 2007
                      USC: July 2013
                      I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                      Comment


                      • #12
                        ok... and do you think that after those 5 years, that would affect her?

                        Comment


                        • #13
                          Originally posted by Jackolantern View Post
                          That would appear to classify her as a "habitual drunkard", which is something that could make her citizenship get denied if she applies before 5 years have passed since the last drunken incident for which she was charged.

                          Hi,
                          Talking about drunken incident .. A friend of mine got 2nd dwi within 5 yrs and she did jail time for 60 days 180 suspended and 3yrs probation and 60 days home arrest for violation of probation for 1st dwi back in 2005. Her GC will expire in 2011. But she was not decleared as a habitual drunkard by the court. It will be 5 yrs in 2011. Can she apply for citizenship? Can she renew her GC? without fair of rejection..

                          Comment


                          • #14
                            Originally posted by Spectrum33 View Post
                            Hi,
                            Talking about drunken incident .. A friend of mine got 2nd dwi within 5 yrs and she did jail time for 60 days 180 suspended and 3yrs probation and 60 days home arrest for violation of probation for 1st dwi back in 2005. Her GC will expire in 2011. But she was not decleared as a habitual drunkard by the court.
                            Was the issue of "habitual drunkard" discussed and decided in court? Or did they simply not bother to go that route at all?

                            It will be 5 yrs in 2011. Can she apply for citizenship? Can she renew her GC? without fair of rejection..
                            She should get profession legal opinions on that, unless the immigration consequences of her offenses have already been debated and decided in court. The 3-year probation could be an issue, because they tend to view punishments of 1 or more years as deportable offenses.

                            EB3 ROW I-485 Approved: July 2007
                            USC: July 2013
                            I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                            Comment


                            • #15
                              Not to judge anyone here, but it is stories like these which make me proud of the fact that I decided to lead my life as a teetotaller.

                              Originally posted by Spectrum33 View Post
                              Hi,
                              Talking about drunken incident .. A friend of mine got 2nd dwi within 5 yrs and she did jail time for 60 days 180 suspended and 3yrs probation and 60 days home arrest for violation of probation for 1st dwi back in 2005. Her GC will expire in 2011. But she was not decleared as a habitual drunkard by the court. It will be 5 yrs in 2011. Can she apply for citizenship? Can she renew her GC? without fair of rejection..
                              Regards,
                              S K Ghori
                              skg@vex.net
                              http://www.vex.net/~skg/

                              **NOTE**
                              I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

                              **DISCLAIMER**
                              I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

                              Comment


                              • #16
                                Originally posted by Jackolantern View Post
                                Was the issue of "habitual drunkard" discussed and decided in court? Or did they simply not bother to go that route at all?
                                .
                                I don't think it was discussed at all. I think they didn't bother to go that route at all.. Is it a good thing or even worst?

                                Comment


                                • #17
                                  Originally posted by Spectrum33 View Post
                                  I don't think it was discussed at all. I think they didn't bother to go that route at all.. Is it a good thing or even worst?
                                  If the court merely kept silent about it, USCIS can still use it against her.

                                  She should seek some professional legal advice from immigration lawyers (more than one) who know about cases like hers. She might be able to renew her card (and of course, she has no choice but to apply for renewal anyway when it is about to expire), because they don't do as much scrutiny for renewals, but citizenship could be a risky bet.

                                  EB3 ROW I-485 Approved: July 2007
                                  USC: July 2013
                                  I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                                  Comment


                                  • #18
                                    Renewing Green Card with closed misdemeanor case

                                    My case closed in 2004. I have biometrics on the 22nd of Nov. How would affect my application? Pls help. Thanks!

                                    Comment


                                    • #19
                                      this is my case. I was charged with a felony of grand theft with 407 dollars worth of stuff from the bookstore at ucsd. I was charged of stealing textbooks sweat shirt and a flash card for my personal use. (grand theft = $400 or more, and i went 7 dollars over) This is my first time being charged with any sort of crime and i'm a student at ucsd. Most importantly, I am 19 years old and i hold a legal residency status aka green card. I was told by a lawyer i would probably be charged with a misdemeanor. So if i get charged with a misdemeanor, will i be deported? Also will this effect my chance of getting my citizenship? I know felony means deportation forsure, but i heard misdemeanor will not get you deported

                                      Comment


                                      • #20
                                        Being convicted of theft means you are ineligible for citizenship for 5 years after the theft. Whether it is a deportable offense depends on various legal criteria involving the specifics of the crime and the sentence imposed. Some offenses that are misdemeanors under state law are classified as "aggravated felonies" under immigration law and are deportable offenses. See an immigration lawyer with experience in criminal matters before pleading guilty or plea bargaining.

                                        EB3 ROW I-485 Approved: July 2007
                                        USC: July 2013
                                        I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                                        Comment

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