Can someone with a greencard be deported if they receive a misdemeanor?

C

cps.5784

New Member
Hello

My mom was charged for a misdemeanor about 3 or 4 years ago and she has been worried ever since to leave the country. She currently has a green card and she has had it for almost 7 years. She is afraid that they will not allow her to come back to the U.S. if she leaves the country for vacation. Her charge was CA penal code section 550(b)(1). It involved capping and insurance fraud. Also, what steps should she approach if she wants to apply for citizenship? Is she at risk of being denied and deported if she applies or renews her green card? Any advice is appreciated. Thank you
 
There are a few offenses that are misdemeanors under state law which get reclassified as "aggravated felonies" under immigration law, making them deportable offenses. But most misdemeanors are not like that. She'll probably have her citizenship denied if she applies before it's been 5 years after the conviction, but probably not deported. However, check with an immigration lawyer with knowledge of criminal cases to look over the specific details of her case and figure out if she's at risk for deportation.
 
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