Green card holder with a misdemeanor

Discussion in 'Discuss any legal or other issue' started by Jjleon, Dec 27, 2016.

  1. Jjleon

    Jjleon New Member

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    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.
     
  2. Pierre82

    Pierre82 Well-Known Member

    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.
     
    Jjleon likes this.
  3. Jjleon

    Jjleon New Member

    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.
     
  4. Pierre82

    Pierre82 Well-Known Member

    No problem and its a good idea to meet with the immigration lawyer for further advise. Happy Holidays and best of luck.
     
  5. Speedie

    Speedie Registered Users (C)

    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.
     
  6. Sm1smom

    Sm1smom Super Moderator

    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.
     
  7. Speedie

    Speedie Registered Users (C)

    Okay I got you.
     

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