2 felonies/expired greencard=need help

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harmony2289

New Member
My bf has had 2 felonies in the 10 yrs he has been in the U.S. One was 4 yrs ago the other 6 yrs ago. His greencard recently expired and he was basically told he is screwed now. He has been employed with the same Co. for 3 yrs, has a 2 1/2 daughter he fully supports (especially when her mother is in jail herself) which happens to have been most of the little girl life. He has completely changed his life for the better. He is a tax payer, has plans on attending our local community college this fall and we have even discussed opening a small business in our area. Is there anything we can do to either renew his greencard, get him permament residency, anything????
 
Speak with a few immigration attorney's right away and see if perhaps you could file a waiver for hardship. What were the felonies for?
 
links615 said:
he should go for a pardon from the governor of the state of conviction
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That is all nice, but what if it takes years to get a pardon? He is on an expired green card which unfortunately is a misdemeanor. With that being said he could be deported for that. He is best to seek legal counsel to see what his options are if he has any.
 
LateKnight said:
where do you get the fact that having an expired green card is a misdemeanor???
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Section 264 of the Immigration and Nationality Act states that: "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him. Any alien who fails to comply with [these] provisions shall be guilty of a misdemeanor."

If you don't renew your Green Card
If immigration authorities learn your Green Card has expired, you could be found guilty of a misdemeanor. This puts your status at risk, and you could face deportation. If your Green Card has expired, you should immediately contact an attorney for help.

http://www.uscis.gov/portal/site/us...nnel=8ae33a4107083210VgnVCM100000082ca60aRCRD
 
Sec. 264. [8 U.S.C. 1304]

(a) The Attorney General and the Secretary of State jointly are authorized and directed to prepare forms for the registration of aliens under section 261 of this title, and the Attorney General is authorized and directed to prepare forms for the registration and fingerprinting of aliens under section 262 of this title. Such forms shall contain inquiries with respect to (1) the date and place of entry of the alien into the United States; (2) activities in which he has been and intends to be engaged; (3) the length of time he expects to remain in the United States; (4) the police and criminal record, if any, of such alien; and (5) such additional matters as may be prescribed.

(b) All registration and fingerprint records made under the provisions of this title shall be confidential, and shall be made available only (1) pursuant to section 287(f)(2), and (2) to such persons or agencies as may be designated by the Attorney General.

(c) Every person required to apply for the registration of himself or another under this title shall submit under oath the information required for such registration. Any person authorized under regulations issued by the Attorney General to register aliens under this title shall be authorized to administer oaths for such purpose.

(d) Every alien in the United States who has been registered and fingerprinted under the provisions of the Alien Registration Act, 1940, or under the provisions of this Act shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations issued by the Attorney General.

(e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

(f) 1/ Notwithstanding any other provision of law, the Attorney General is authorized to require any alien to provide the alien's social security account number for purposes of inclusion in any record of the alien maintained by the Attorney General or the Service.
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So this is from the uscis website / LAWS> YES !!! but no where does it say that having an "expired green card" is a misdemeanor and you can be deported because of it. It says that the one who fails to comply with the provision of this subsection shall be guilty of a misdemeanor. A misdemeanor, a $100 fine or imprisoned not more than 30 days is not a deportable offense.
If Immigration authorities learn that your card expired, you could be found guilty of a misdemeanor...mmm I Think they have records of who has renewed theirs and whos card has expired.



looking at the law i dont see anything about having an expired greencard being a misdemeanor and be deportable.

http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html

Im not trying to bust your chops, but I have consulted over 5 diffrent lawyers on this and they al tell me that the only way it can affect you is at POE, applying for a job where you have to show a valid updated GC or anything in that nature. Can it be a misdemeanor? maybe! but I dont see how you can be deported for it. Unless the laws are diffrent between a 3 yr GC and a 10yr GC.
 
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I been dealing with immigration for over 10 years. Having an expired green card is not a misdemeanor. If immigration do deport someone, it's because they committed some other crime and has receive a sentence of one year or more. Most likely, if the crime that was committed wasn't too bad, Immigration would either let you renew the green card or revoke your permanent status and issue you a work permit that you have to renew annually. You can talk to a immigration lawyer and see what other option you have, like getting your record dismiss in court. I seen many people do that since immigration is a special case and some judges are willing to consider that.
 
"A misdemeanor, a $100 fine or imprisoned not more than 30 days is not a deportable offense"

B.S! I deported people with less than that.
 
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