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Filing I-485 with a Criminal Charge Pending

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  • 12-03-2009, 01:30 PM
    Ichiro
    Filing I-485 with a Criminal Charge Pending
    My state is CA. I filed I-485 for green card and now am waiting for interview date. I also have a criminal charge which is in the pre-trial hearings period. The charge is a felony of receiving stolen property. My lawyer said that she is trying to get the case dropped and if that does not work then we can go to the judge for an offer which will likely reduce my charge to a misdemeanor. So my question is if my case has not been resolved by the time I go for interview then would they reject my green card application? Thank you so much for your help.
  • 12-04-2009, 08:58 AM
    FSL420
    Re: Filing I-485 with a Criminal Charge Pending
    They would wait for the final outcome of your criminal case, before making a decision on your case. As it is a felony if convicted could be devastating for your AOS. It must be reduced to any misdemeanor non CIMT which Cary max sentence less then a year consult two three good immigration attorneys before taking any deal from prosecution.
  • 12-05-2009, 09:19 AM
    Mr. Knowitall
    Re: Filing I-485 with a Criminal Charge Pending
    It sounds like you're charged with a crime involving moral turpitude, and perhaps one that will disqualify you for naturalization. You should be working with a criminal defense lawyer who is familiar with immigration issues.
  • 12-05-2009, 12:37 PM
    Ichiro
    Re: Filing I-485 with a Criminal Charge Pending
    I already asked and it turns out I can qualify for petty offense exception (a misdemeanor with a sentence less than 6 months) which would prevent me from being inadmisible. However, my question is that how would USCIS treat my application with a criminal case that has not been resolved?
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