LPR reentry to US with criminal conviction - question

**clio** · 15th April 2011, 07:03 AM

deleted

**asPapi** · 15th April 2011, 09:06 AM

What are the circumstances of your case?

**BigJoe5** · 15th April 2011, 10:12 AM

Originally Posted by clio

.
I have a conviction that according to a lawyer I consulted, for admissibility purposes falls under 212(a)(1)(A)(iv) (2)(A)(i)(I), that states that an alien that commited a crime involving moral turpitude is inadmissible.

But he indicated that the exception in (2)(ii)(II)

"Clause (i)(I) shall not apply to an alien who committed only one crime if -

the maximum penalty possible for the crime of which the alien was convicted (or which ...) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed)."

applies in my case.

My question is, if anybody would be kind to help, if it would be safe to travel abroad (work related), or would I have problems coming back to the US.

Thanks.

IF this is something new that happened AFTER you got your greencard, you might have a problem. IF this is old and was already known before you got your greencard, then it was already reviewed and either found to meet the exception OR you obtained a waiver. IF this is OLD BUT was NOT disclosed when you got your greencard, then you are in trouble for having concealed it EVEN IF it would have met an exception or been eligible for a waiver.

You have not given sufficient details to figure out what might apply to your case.

**clio** · 15th April 2011, 11:17 AM

This happened after I got my GC.

**BigJoe5** · 15th April 2011, 07:09 PM

Originally Posted by clio

This happened after I got my GC.

you have still not provided enough info

**Upset_Citizen** · 5th August 2011, 02:00 AM

bumping this as I have a similar situation with my wife.

Felony Theft (just for being there with the person who stole) 5 years after LPR status / GC issued. 2 Years Probation and terminated without problems. It was a plea deal. They would not reduce charge to anything less.

Need to travel for medical purposes as treatment is 10% of the price they want here in the United States.

Would I need to file an I-601 for her or does the OP's description of the "clause" apply since it was probation without jail time?

Any advice would be greatly appreciated.

BTW I have a consult set up with attorney, but would like to know if anyone has personal experience with similar circumstances.