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Class B Misdemeanor Impact on Pending I-485

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  • 07-10-2007, 03:02 PM
    ab1canoby
    Class B Misdemeanor Impact on Pending I-485
    Hi,

    I am being charged with a class B misdemeanor for domestic harassment of my wife. I am on H1-B visa, and my I-485 application has been pending for almost one year.

    I live in Oregon, and the DA offered my a deferred sentencing program that required me to plea guilty, take anger management classes, and then remain in an 18 month probation. The charges will be dismissed after the probation period.

    Will taking the Deferred Sentencing program could impact or delay my I-485 application. Will the 18-month probation affect my immigration status? Will it count as part of a 1 year sentence? Will it be a reason for deportation or inadmissibility in the future?

    My wife has called the DA several times to drop the charges to no avail. She is dependant on my I-485 application.

    My pre-trial hearing is schedule for the coming Monday. I will appreciate your advice.

    Thanks!

    P.S.: Initially, I was charged with 2-counts of Class B Misdemeanor, but the DA dropped one of them, will that make things better for my case?
  • 07-11-2007, 07:48 AM
    Mr. Knowitall
    Re: Class B Misdemeanor Impact on Pending I-485
    A guilty plea can be treated by the USCIS as a conviction, and it should be anticipated that they will treat it as a conviction, even if you get a deferment. Try to get a deal which doesn't involve a guilty plea or, if all else fails, at least permits a no contest plea. I suggest consulting a criminal defense lawyer who is familiar with immigration law issues, to review the terms of your ultimate plea agreement.
  • 07-12-2007, 11:16 PM
    ab1canoby
    Re: Class B Misdemeanor Impact on Pending I-485
    Thanks for the clarification Mr. Knowitall!

    Will a conviction of this level of crime impact immigration? Or I-485 approval?
  • 07-13-2007, 07:34 AM
    aaron
    Re: Class B Misdemeanor Impact on Pending I-485
    Any criminal activity can affect your immigration status.
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