How soon can i send my I-90 ??

LateKnight

Registered Users (C)
I am from NY and I am sending I-90, I have the $370 money order thats ready to go to Pheonix AZ... My card is going to expire 10/2010 . Is it too early to send I -90 now?? do i HAVE to wait til is 6 months from the Exp. Date?
 
Yes, you have to wait. I don't see why you are in such a hurry because after filing I-90 you can always ask them to stamp your passport with temporary I-551 stamp.
 
Im in a hurry because i thought that once my card expires I am not a resident anymore. But,I found out that that is not the case.. im just really concerned about staying here I have a 1 yr old daughte born here in the US and I cant risk getting deported.
 
Im in a hurry because i thought that once my card expires I am not a resident anymore.
Do you have a 2-year conditional green card obtained via marriage, or a regular 10-year card? If you have a 2-year card and don't file the right paperwork before it expires (I-90 is NOT the right paperwork for 2-year card that is about to expire), you could lose your permanent resident status ... but if you have a 10-year unconditional card, you still keep your permanent resident status after it expires. They can still deport you for other reasons such as committing a crime, but not for letting the 10-year card expire.
 
No I got a 10yr PR card expiring in oct this year ... I wanted to apply for naturalization but I got a criminal case from 99. This is what my Disposition says:

Section Charged - PL 221.25 Criminal possession of marihuana in the second degree.
A person is guilty of criminal possession of marihuana in the second
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than sixteen ounces.
Criminal possession of marihuana in the second degree is a class D felony

Section Disposed 221.15 Criminal possession of marihuana in the fourth degree.
A person is guilty of criminal possession of marihuana in the fourth
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than two ounces.
Criminal possession of marihuana in the fourth degree is a class A misdemeanor.

I dont know what USCIS looks at .. but I did 3 years probation, did 90 day rehab, went to AA and NA .. I have not been in any trouble since then.. its been 10 years I really wanna know my options.
 
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No I got a 10yr PR card expiring in oct this year ... I wanted to apply for naturalization but I got a criminal case from 99.
Was that conviction before your first green card was granted? If yes, did you disclose it on your GC paperwork?
Section Charged - PL 221.25 Criminal possession of marihuana in the second degree.
A person is guilty of criminal possession of marihuana in the second
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than sixteen ounces.
More than 16 ounces! That's almost certainly deportable, unless they knew about this before granting your GC.
 
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So < this is an update; I hired a Lawyer, She has advised me that my charge is pretty serious as well as another one from 97' for burglary. But I have alot of things working in my favor .. 1) It has been way over 5 years since both arrests. 2)I was a minor @ the time (Youthful Offender). (3 She said even if they dont grant me citizenship, they wont deport me. I would just stay as a Perminent Resident. 4) I can re -apply years down the line. 5) Immigration knew about both charges when I did a I90 in 2000 because i lost my card. They would have said something then. So I might be Ok. My lawyer said i would interview great..

So I have decided to go forward with applying. N-400 is almost complete. More updates soon.
 
5) Immigration knew about both charges when I did a I90 in 2000 because i lost my card. They would have said something then.
Not necessarily. They often don't bother to follow up about minor to medium-level crimes when processing a renewal or replacement of the GC. Many people who commit such crimes successfully renew their GCs but it's when they apply for citizenship that USCIS brings down the heavy hammer and initiates deportation.

The key to this is whether it happened before your GC was granted and it was disclosed on your GC application. If you disclosed it and they granted it anyway, there are restrictions that make it difficult to deport you after granting the GC.

Otherwise, prepare yourself for the distinct possibility of deportation. There is somebody on this forum whose husband had a lesser drug offence from more than 20 years ago and got put in removal proceedings for it after applying for citizenship. Edit: found the link for that case http://forums.immigration.com/showthread.php?t=303151 ... 1 and 3/4 oz of marijuana back in 1987, now they're trying to deport him.

Your other hope for citizenship is if either of your parents became US citizens when you were under 18. Did they?
 
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Not necessarily. They often don't bother to follow up about minor to medium-level crimes when processing a renewal or replacement of the GC. Many people who commit such crimes successfully renew their GCs but it's when they apply for citizenship that USCIS brings down the heavy hammer and initiates deportation.

The key to this is whether it happened before your GC was granted and it was disclosed on your GC application. If you disclosed it and they granted it anyway, there are restrictions that make it difficult to deport you after granting the GC. Otherwise, prepare yourself for the distinct possibility deportation. There is somebody on this forum whose husband had a lesser drug offence from more than 20 years ago and got put in removal proceedings for it after applying for citizenship.

Your other hope for citizenship is if either of your parents became US citizens when you were under 18. Did they?

Chances of deportation are really small but enough time has passed according to my attorney. Worst case senario is I get denied.

GC was granted to me in 1993 when I first came to USA.... I commited the crimes in 97 and 99 .... then I lost my GC in 2000, sent I-90 and I got a new one. Even with disclosing the information.
My parents became citizens in 2002 I was over 18 :-(
 
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Chances of deportation are really small but enough time has passed according to my attorney. Worst case senario is I get denied.
Worst case is denial? Then why is that guy I mentioned above being deported, even though his conviction is from 1987 and he had nearly 90% less marijuana than you?
 
I was a minor at the time!!!!! >>...... this guy had his GC since the 60's commited the crime in 1987 and then applied in 2006?? something doesnt sound right , dont you think?
My charge was dropped down to Penal Law - 221.15 Criminal possession of marihuana in the fourth degree.
A person is guilty of criminal possession of marihuana in the fourth
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than two ounces.
Criminal possession of marihuana in the fourth degree is a class A misdemeanor.

That Guy also had misdemeanor but perhaps The OI didnt think he should Grant him.. maybe the guy didnt seem rehabilitated enough. Plus we still dont know if he was ever deported or not.
 
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I was a minor at the time!!!!! >>...... this guy had his GC since the 60's commited the crime in 1987 and then applied in 2006?? something doesnt sound right , dont you think?
What doesn't sound right? The fact that he took 40+ years to apply for citizenship? There are many people like who do that for various reasons, especially if gaining US citizenship forces them to give up their original citizenship and/or property in their original country. So they only apply when they've been here long enough that their ties to their original country have become too unimportant to care about any more.
 
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What doesn't sound right? The fact that he took 40+ years to apply for citizenship? There are many people like who do that for various reasons, especially if gaining US citizenship forces them to give up their original citizenship and/or property in their original country. So they only apply when they've been here long enough that their ties to their original country have become too unimportant to care about any more.

Actually there could a opposite reason for that guy to finally apply when he was already in 60s or even 70s chilkdren are all grown up He is old but still keep important ties with oild country.
The issue had been a pain in his heart for 40 years so that now he wanted to get it over with with much much less serious consequence - if he got citizenship, the fine.
If got deported, then it is time for him to go back to his origianl country and retire.
 
I was a minor at the time!!!!! >>...... this guy had his GC since the 60's commited the crime in 1987 and then applied in 2006?? something doesnt sound right , dont you think?
My charge was dropped down to Penal Law - 221.15 Criminal possession of marihuana in the fourth degree.

The bottomline is INA 237 says conviction of poseession of marijunna is deportable except for aon esignle posession of less than 30 grams. The law does not say anything about senetnce time, class of crime (felony or misdeemanor), SO by INA 237,
possession of marijuna conviction is deportable without regard for setence time.
 
Not necessarily. They often don't bother to follow up about minor to medium-level crimes when processing a renewal or replacement of the GC. Many people who commit such crimes successfully renew their GCs but it's when they apply for citizenship that USCIS brings down the heavy hammer and initiates deportation.

The reason is that I-90 form does not ask the applicant any question about past. So it save the applicant the dillema whether to disclose or not. Applicants only count USCIS not being able to find out based on fingerprinting and a quick name check.

Not all arresttees/citees are fingerprinted. Not all fingerpring are readable. a quick name check is not that specific. SO USCIS does not bother and the applicant is not required to disclose so no perjury is done.

I would not be surprised sooner or later I-9 will add a question like "have you ever been arrested or convicted?".
 
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The reason is that I-9 form does not ask the applicant any question about past. So it save the applicant the dillema whether to disclose or not. Applicants only count USCIS not being able to find out based on fingerprinting and a quick name check.

Not all arresttees/citees are fingerprinted. Not all fingerpring are readable. a quick name check is not that specific. SO USCIS does not bother and the applicant is not required to disclose so no perjury is done.

I would not be surprised sooner or later I-9 will add a question like "have you ever been arrested or convicted?".


You mean I-90??
 
What doesn't sound right? The fact that he took 40+ years to apply for citizenship? There are many people like who do that for various reasons, especially if gaining US citizenship forces them to give up their original citizenship and/or property in their original country. So they only apply when they've been here long enough that their ties to their original country have become too unimportant to care about any more.

what doesnt sound right? Based on the information that this guy's wife gave on her post. It is unclear if there was more than just a marijuana possesion. It could have been anything such as; no change of moral character, any other violation, maybe they found sonething else that he didnt disclosed...Im just going by what my lawyer told me (based on cases she had) and cases she knows about.... Obviously if this guy had a lawyer from the beggining and/or present during interview he probably would have never been in his situation. Come to find out he was a citizen and didnt even know it.
http://forums.immigration.com/showt...ificate-of-Citizenship-or-Passport&highlight=

But going back to my case... You guys said consult an attorney months ago because it could go either way. So I did.. She said she cant see them deporting me.. if anything I would just get denied and I can either appeal it or re-apply later.. or just stay a PR.
 
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