Green card holder with a misdemeanor

#1
p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px 'Helvetica Neue'; color: #333333; -webkit-text-stroke: #333333} span.s1 {font-kerning: none}

I was coming back from a trip to my native country (Peru), making a stop in Miami. NJ was my final destination. I was asked for a favor from a long time friend of my family, which was to bring pills for her sister who was really sick. I got stopped at the airport and officers found these pills. I was arrested and got 2 charges. 1. Controlled substance/possession; 2. Possession of drugs without prescription. Judge sent me to aa meetings and a drug program which I completed in about 1 year. After 4 court dates, judge filed the case. I am a green card holder and I am trying to go on a trip out of the USA. Will I have any issue on my return? Can I apply for citizenship without any problem? I read somewhere that I might get removed the USA if my citizenship application gets rejected. I ask whoever has any information or has been through this, to please advise me.
 

Pierre82

Well-Known Member
#2
Hi Jjleon,

When you return back to the U.S. the officer might request further checking on your luggage because of the prior incident. I would also recommend you look at this website for more info https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence. When you apply for citizenship and it gets denied, it does not mean you will be deported, unless you got your green card in a fraudulent way and that follows a process/investigation. Others might share their experience on this case.
 
#3
I really appreciate your response. Thats what I though at first but as I was doing a research, I find a lot of different answers saying that I might be denied entry and once I apply for citizenship and get rejected, I will get into a removal status. I am not sure how serious a misdemeanor can be but it sure isn't a felony. My attorney isn't an immigration attorney but she says I shouldn't have any issue with either case because charges were dismissed and it basically stays on my record as an arrest only. I made an appoiment with an immigration attorney for January so hopefully everything goes well. Once again, I appreciate any answer that I could get.
 

Pierre82

Well-Known Member
#4
I really appreciate your response. Thats what I though at first but as I was doing a research, I find a lot of different answers saying that I might be denied entry and once I apply for citizenship and get rejected, I will get into a removal status. I am not sure how serious a misdemeanor can be but it sure isn't a felony. My attorney isn't an immigration attorney but she says I shouldn't have any issue with either case because charges were dismissed and it basically stays on my record as an arrest only. I made an appoiment with an immigration attorney for January so hopefully everything goes well. Once again, I appreciate any answer that I could get.
No problem and its a good idea to meet with the immigration lawyer for further advise. Happy Holidays and best of luck.
 

Speedie

Registered Users (C)
#5
Guys
I have a question! I'm a DV Green card holder and I want to send my minor child in South Africa for school. I don't know where to start? Your help will be highly appreciated.
 

Sm1smom

Super Moderator
#6
Guys
I have a question! I'm a DV Green card holder and I want to send my minor child in South Africa for school. I don't know where to start? Your help will be highly appreciated.
You really should have started a separate thread for your post considering this thread hasn’t seen any activity since 2016 and your question is unrelated to the original post anyways.
 
Top