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green card and misdemeanor?

Discussion in 'The Physical Green Card' started by seemoo, Sep 1, 2007.

  1. seemoo

    seemoo Registered Users (C)

    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. uhbiv

    uhbiv Registered Users (C)

    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?
  3. seemoo

    seemoo Registered Users (C)

    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
  4. Jackolantern

    Jackolantern Registered Users (C)

    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?
  5. seemoo

    seemoo Registered Users (C)

    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
  6. Triple Citizen

    Triple Citizen Registered Users (C)

    It all depends on how Part3/Q7 on the I-751 form is answered.
  7. sudiptabhaskar

    sudiptabhaskar Registered Users (C)

    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 won’t hurt that either.

    When the cops are called they don’t 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 it’s a criminal offence it’s 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.
  8. seemoo

    seemoo Registered Users (C)

    sudiptabhaskar: thanks a lot! That was helpful.
  9. Jackolantern

    Jackolantern Registered Users (C)

    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 a moderator: Sep 9, 2007
  10. astrid

    astrid Registered Users (C)

    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...
  11. Jackolantern

    Jackolantern Registered Users (C)

    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.
  12. astrid

    astrid Registered Users (C)

    ok... and do you think that after those 5 years, that would affect her?:eek:
  13. Spectrum33

    Spectrum33 New Member


    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..
  14. Jackolantern

    Jackolantern Registered Users (C)

    Was the issue of "habitual drunkard" discussed and decided in court? Or did they simply not bother to go that route at all?

    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.
  15. Triple Citizen

    Triple Citizen Registered Users (C)

    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.

  16. Spectrum33

    Spectrum33 New Member

    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?
  17. Jackolantern

    Jackolantern Registered Users (C)

    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.
  18. rftj

    rftj Registered Users (C)

    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!
  19. tahn123

    tahn123 New Member

    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
  20. Jackolantern

    Jackolantern Registered Users (C)

    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.

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