I have never heard of a 1 year green card. What I have heard is that they can stamp your passport for a year. I had that happen to mine, and shortly after I got my green card. The 2 year green card is a conditional card and you have to remove your conditions. That is normally for people who marry foreigners, such as myself. Your 10 year is your permanent green card. I would think on an asylum case you will probably receive your 10 year green card. In regards to when you leave the country and upon returning to the US, I don't think you will have any problems, but you may be asked about your arrest.
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i-485 misdeameanor interview
- Thread starter jprosas
- Start date
Just because you get your green card doesn't mean that the officer at the border is not going to ask you " have you ever been arrested?" Hello they have access to that information when you enter the country. Remember you put that on your application for your I-485. It's called a name check, when they swipe your card, your whole life story is on it. Just because one officer doesn't ask about it , is not to say another one is gonna let it go by. I have been asked that question when I have come back from Canada and I have had my green card going on 5 years. Wait till you go thru naturalization in 5 years from now (if you decide), you will have to send all that info again and wait for a supervisor to sign off on your conviction. My spouse has a conviction almost 20 years ago and he is a US citizen, when he crosses the border coming back into to the US he is pulled over by customs and border patrol and brought inside and questioned. Unfortunately that stays with you for life. Customs and Border patrol have more authority than any police agency in this country including state police. They can detain you without charging you. They can strip search you, strip your car apart and NOT have to put it back together again. Trust me on this one I used to cross the border over 150 times a year.( I grew up on the Canadian/US border)They have the power to take your green card away from you at the point of entry if they are suspicious of anything. They have the patriot act backing up anything they do.
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whoa i didnt know that, thank you for letting me know i will prepare instead of being scare, what about after you become a us citizen ? do things change? and by the way iam planning to go back to buffalo ny to the niagara falls and this time i will be able to cross over canada they said the views are much better any other city that i can go to? vancuver
You are not eligible to go to Canada because you have a conviction. You actually have to file a waiver to cross in, and from my understanding is that it is up to the border guard to let you in or not. Canada is really funny about people coming in with a criminal record. If you have a DUI in the US you are not allowed to enter the country. And YES Canada will have your information on file since they have a reciprocal agreement with the US. Canada see's that as a more serious crime, but if a Canadian has a DUI the US will let them in since US doesn't make a big deal about about it. I believe and I will have to check is the waiver can cost up to $1000 and there is no guarantee of Canada Customs letting you in. You are going to find that with most countries that you want to visit your going to need a waiver.
i do havea record clearence by the court case set aside/expunge no convictions any more that dont count?
The expungement process begins with a motion to withdraw a plea retroactively. This means that a judge reopens your case and for good cause allows you to withdraw your plea of guilty or nolo contendere (no contest) and enter a not-guilty plea. The court will then set aside and dismiss the conviction nunc pro tunc (Latin for “retroactively”). From that point forward, you are considered no longer convicted of the offense. Your record will be changed to show a dismissal rather than a conviction.
i had call my lawyer and she said the above NO LONGER A CONVICT my rap sheet showed case dissmised so how could they said that i have a conviction ? i am refering to the canadian immigration if thats the case, regadless i will drive to the niagara falls port of entry to see what happen the worse will be to make a u turn and come back home and i found this out of the city of niagara fall canada
Why some people cannot enter or remain in Canada
People can be denied a visa, refused admission or removed from Canada for a number of reasons.
Security
They have engaged in, or there are reasonable grounds to believe they will engage in, spying, subversion or terrorism, or they belong to organizations that have engaged in, or will engage in, these activities.
Human or international rights violations
They have committed war crimes or crimes against humanity. They are or were senior members or officials of a government that has committed acts of terrorism, major human rights violations, genocide, war crimes or crimes against humanity.
Serious criminality
They have, or there are reasonable grounds to believe they have, committed a crime punishable by a maximum of 10 years of incarceration.
Other criminality
They have, or there are reasonable grounds to believe they have, committed an indictable crime. They commit an offence such as possessing or importing narcotics, while seeking entry to Canada.
Organized crime
They belong to an organization that is believed to take part in organized criminal activity or to engage in transnational crimes such as people smuggling, trafficking in people or money laundering.
Health
They may be a danger to public health or cause excessive demands on Canada's health or social services.
Financial
They are unable or unwilling to support themselves and their dependants.
Misrepresentation
They provide officers with false information or withhold information that is directly relevant to a decision under the Immigration and Refugee Protection Act (IRPA).
Non-compliance
They contravene the requirements of IRPA. Some examples include the following:
•not having a valid passport or visa;
•entering as visitors and remaining longer than authorized;
•trying to re-enter without the written permission of the Minister of Citizenship and Immigration, after being deported;
•working or attending school without the appropriate permit; and
•breaching conditions imposed when they were first admitted to Canada
The expungement process begins with a motion to withdraw a plea retroactively. This means that a judge reopens your case and for good cause allows you to withdraw your plea of guilty or nolo contendere (no contest) and enter a not-guilty plea. The court will then set aside and dismiss the conviction nunc pro tunc (Latin for “retroactively”). From that point forward, you are considered no longer convicted of the offense. Your record will be changed to show a dismissal rather than a conviction.
i had call my lawyer and she said the above NO LONGER A CONVICT my rap sheet showed case dissmised so how could they said that i have a conviction ? i am refering to the canadian immigration if thats the case, regadless i will drive to the niagara falls port of entry to see what happen the worse will be to make a u turn and come back home and i found this out of the city of niagara fall canada
Why some people cannot enter or remain in Canada
People can be denied a visa, refused admission or removed from Canada for a number of reasons.
Security
They have engaged in, or there are reasonable grounds to believe they will engage in, spying, subversion or terrorism, or they belong to organizations that have engaged in, or will engage in, these activities.
Human or international rights violations
They have committed war crimes or crimes against humanity. They are or were senior members or officials of a government that has committed acts of terrorism, major human rights violations, genocide, war crimes or crimes against humanity.
Serious criminality
They have, or there are reasonable grounds to believe they have, committed a crime punishable by a maximum of 10 years of incarceration.
Other criminality
They have, or there are reasonable grounds to believe they have, committed an indictable crime. They commit an offence such as possessing or importing narcotics, while seeking entry to Canada.
Organized crime
They belong to an organization that is believed to take part in organized criminal activity or to engage in transnational crimes such as people smuggling, trafficking in people or money laundering.
Health
They may be a danger to public health or cause excessive demands on Canada's health or social services.
Financial
They are unable or unwilling to support themselves and their dependants.
Misrepresentation
They provide officers with false information or withhold information that is directly relevant to a decision under the Immigration and Refugee Protection Act (IRPA).
Non-compliance
They contravene the requirements of IRPA. Some examples include the following:
•not having a valid passport or visa;
•entering as visitors and remaining longer than authorized;
•trying to re-enter without the written permission of the Minister of Citizenship and Immigration, after being deported;
•working or attending school without the appropriate permit; and
•breaching conditions imposed when they were first admitted to Canada
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dafortycal
Registered Users (C)
I do believe that as a asylee, you would need a agg. felony to have problems with CIS and be deported.
i-485
I have a friend who has his fiance filing for him his i 130 has been approved however, he has a older cousin who got into some trouble and used his name when he got arrested the crimes was a misdeameanor marijuana charge in which he completed all the class needed they told him that after a year it will be off the record upon completion. My question is how would that affect my friends process with his case and also this happen about 9 yrs ago.. Any info is greatly accepted thank you
I have a friend who has his fiance filing for him his i 130 has been approved however, he has a older cousin who got into some trouble and used his name when he got arrested the crimes was a misdeameanor marijuana charge in which he completed all the class needed they told him that after a year it will be off the record upon completion. My question is how would that affect my friends process with his case and also this happen about 9 yrs ago.. Any info is greatly accepted thank you