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Green Card Renewal with Felony?

Discussion in 'Life After The Green Card' started by smax2001, Dec 2, 2008.

  1. smax2001

    smax2001 Registered Users (C)

    I was charged with a Aggravated Felony Assault..... Ive read much about it and settle with the fact that I will never get citizenship..... However can i renew my green card with a felony? Im a single father of a 3yr old (technically still married 7yrs to us citizen) My daughter is also a US citizen.
    My GC expires in 2015
  2. nelsona

    nelsona Registered Users (C)

    An expiring Card has nothing to do with your status.

    Simply file I-90 in 2015 and be done with it.

    The only thing that will jeopardize your status is Removal proceedings, not expiry of the card.
  3. Jackolantern

    Jackolantern Registered Users (C)

    Applying for naturalization would definitely have the result of bringing felony to the attention of USCIS and ICE, possibly triggering in deportation proceedings. The poster is concerned that renewing the card will have the same result of bringing the offense to their attention.
  4. Jackolantern

    Jackolantern Registered Users (C)

    Were you merely charged, or were you actually found guilty? There's a big difference.

    If you were found guilty, then you may wake up any day and get arrested by ICE and detained for deportation. Your offense may go under their radar for years, but applying for renewal includes the possibility of raising it to their attention, although not as likely as if you applied for naturalization.

    However, if you pleaded guilty or no contest to the charge, you may be able to avoid deportation if it was not explained to you in court that a finding of guilt would have immigration consequences. If this relief is not available to you, what are you going to do about it anyway? Are you planning to live with an expired card?
  5. nelsona

    nelsona Registered Users (C)

    So, as I said, apply and be done with it. If you are to be deported, they will have notified you by then, 6 years down the road.
  6. smax2001

    smax2001 Registered Users (C)

    I pled no-contest and and didnt serve any time. On probation..... It was never explained that it would have implications.... I had a PD and he just kept saying I could get 5 years or just probation.... So naturally I got scared and took the probation. Afterwards I recieved the case file and realized I couldt have easily been found not guilty.... way too many contradictions... Silly me didnt know and and believed in my PD which was a big mistake. a mistake that could cost me my normal life.... Would having my own business and custody of a 3yr old make a difference..... Just one more question. Are there court type proceeding for deportation where you an plead your case? Its a first offense, im 34 never had a parking ticket, got my diploma in the US, never been on unemployment or goverment assisstance.... Both my sick wife and 3 yr old child are us citizen and I take care of another 7yr old girl that is not suppored by her father. Deportation would rip this family into pieces.... we are (parents) very worried.
    Last edited by a moderator: Dec 3, 2008
  7. smax2001

    smax2001 Registered Users (C)

    Well I would hate to split the family..... But I would go back to my home coutry if I must....Take as many classes offered for free to help me with the language.... probably start with a low paying job....Work my way to an educated position and hopefully eventually have my family live with me.... Its a tough start at 34. Especially having CNSV..... But I guess keep on chuggin. Id hate to leave my life and family as it is.... But I wont hide as an illegal and have a petty life..... Thanks so much for the advise so far.....
  8. nelsona

    nelsona Registered Users (C)

    Would there be a possiblity of eventually having this conviction stricken from your record?
  9. Jackolantern

    Jackolantern Registered Users (C)

    Expungements don't matter for immigration. USCIS (with the help of the FBI) sees expunged convictions, and they treat them as real live convictions. What the OP needs is to have the conviction overturned.
  10. Jackolantern

    Jackolantern Registered Users (C)

    Yes, you have a green card, so there will be a hearing before you are deported. But they don't have sympathy because of you having a 3 year old or owning your business, as thousands of people are like that and get deported anyway. It would have to be an extreme case, like your US citizen child is severely disabled and needs constant medical care that is unavailable in your original country and there is nobody else in the US to take care of her (not even the other parent).

    You do have some options:
    1) Have an immigration lawyer with experience in criminal cases review the details of your case to see if it is a deportable offense. You must have the attorney read all relevant court records so they can see exactly what you were charged with, what you pled to, the terms of your probation etc.

    2) Review the court records to see if you were informed by the judge or your lawyer or by anybody else in court that pleading guilty or no contest may have immigration consequences. In some cases the failure to inform the defendant is a successful defense against being deported.

    3) Talk to an attorney about the possibility of getting the conviction overturned (depending on the state and the offense and time elapsed, this may not be feasible), either by getting it vacated or having a new trial. If you were not informed of the potential immigration consequences, you can use that as one of the reasons.
  11. smax2001

    smax2001 Registered Users (C)

    more questions

    It looks like I need to try an get this overturned.... Im in Florida and the No-Contest..However they wouldnt withold adjudication? what does that mean? The incident happened (domestic) in April and they came and arrested me in October for "avoiding investigation". I didnt even know what investigation.... Apparently when I found out my wife got pregnant with another man we had an arguement at the bank where she works. I was sitting in my car and peeled off in disgust. In october they said I tried to run her over. Then in Jail they said no bond on any Domestic cases. However there was two sets of paperwork. One had me on 7500 bond the other had no bond. My girlfriend called and harrased until the accepted the bond paperwork... I never saw the evidence until 5 minutes before my turn, The PD just kept telling me to take the plea cause id "didnt look good". I got scared and pleaded No contest, Then I found out everything afterwards and got a copy of the case and even I could tell I could havew easily beat the case with plenty of doubt.
  12. Jackolantern

    Jackolantern Registered Users (C)

    "Withhold adjudication" means they don't make a determination of guilty or not guilty.

    You'll have to see a lawyer to explore the possibilities of overturning the conviction or fighting deportation, as we don't have the court documents in front of us nor the legal expertise to properly help you.
  13. p4spooky

    p4spooky Registered Users (C)

    Green card renewal automatically triggers a review to make sure you are ELIGIBLE for the Permanent resident status. You will be fingerprinted as part of the renewal process and this matter will come up.

    Since you pled "no contest" for immigration purposes - you may be guilty. Without knowing the state, the statute under which you were charged it is not possible to tell what effect it will have on your green card. I strongly urge you to contact an attroney familiar with both criminal and immigration issues ASAP.
  14. Jackolantern

    Jackolantern Registered Users (C)

    However, many people with criminal records, even multiple convictions, renew their green cards successfully but it is when they apply for naturalization that USCIS notices their history and initiates deportation proceedings. So although there is a real chance this will come up at GC renewal, it's still less likely to be a problem than with naturalization.
  15. smax2001

    smax2001 Registered Users (C)

    well I did call a lawyer and yes we can try to get it overturn.... Which initself just means I could still get a trail and still be found guilty.... But its the only road I got right now..... Gonna cost about $7500
  16. 02icarus

    02icarus Registered Users (C)

    what did you do exactly? got into a fight?
  17. xd45

    xd45 Registered Users (C)

    in other words, there are two types of how USCIS conduct their background check? one for green card and the other for naturalization?:confused:
  18. Jackolantern

    Jackolantern Registered Users (C)

    They don't do the FBI name check for green card renewal, they only do the faster fingerprint and IBIS checks.

    Also, for the GC renewal they usually don't dig up court transcripts and read them to figure out if it is a deportable offense. If it's not something obviously terrible like murder or rape or armed robbery, they would have to read up the details of the case and look at the sentence imposed and a bunch of ifs and buts to determine if it should lead to deportation. They usually don't bother to go to that level of detail for GC renewals, but they will do it for naturalization.
  19. jllag1

    jllag1 Registered Users (C)

    As other have suggested, consulting an immigration attorney is advisable. If you don't have any problems with your renewal (USCIS does not find your felony), you are good to go. If it does and puts you into removal procedings, your lawyer can help you to see if you qualify for cancellation of removal.

    INA §240A(a) allows the Attorney General (usually an Immigration Judge or the Board of Immigration Appeals) to cancel the removal of a lawful permanent resident from the U.S. if:

    He has been an LPR for a minimum of five years;

    He has resided continuously in the U.S. for a minimum of seven years after being admitted to the U.S. in any status (prior to the institution of removal proceedings);

    He has not been convicted of an aggravated felony;

    He is not inadmissible from the U.S. on security grounds.
    The following classes of persons are ineligible for cancellation of removal:(1) Certain crewmen; (2) Exchange visitors (in "J" status) who received medical training in the U.S.; (3) Persons who have persecuted others; (4) Persons who have previously been granted cancellation of removal, suspension of deportation (See below.) or relief under §212(c); and (5) Persons who committed certain criminal offenses prior to the accrual of the required seven years.

    Positive factors include: (1) Family ties within the U.S.; (2) Long time residency in the U.S.; (3) Hardship to person and immediate family; (4) Service in U.S. Armed Forces; (5) Employment history; (6) Ownership of property and business ties; (7) Service to the community; (8) Rehabilitation (if criminal record exists); and (9) Good moral character.

    Negative factors include: (1) Nature and circumstances of exclusion grounds; (2) Other immigration law violations; (3) Criminal record; and (4) Other evidence of bad character.

    The good thing is Lawful permanent residents are not required to show hardship for either the applicant or a family member.

    If you do go along this path, make sure you hire a firm specializing in these kind of proceedings.
    Last edited by a moderator: Jan 2, 2009
  20. MsMay

    MsMay New Member

    well I did call a lawyer and yes we can try to get it overturn.... Which initself just means I could still get a trail and still be found guilty.... But its the only road I got right now..... Gonna cost about $7500

    hey what happened? did u apply for citizenship? can u give some update just wondering?
    Friendly likes this.

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