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  1. #1

    Default Effect of a Criminal Prosecution on U.S. Immigration

    Hello, thanks for reading my post. Below is my relative's case.

    1. She is applying for immigration through her sister.

    2. She has suffered long time clinical depression and started to have suicidal thoughts 6 years ago.

    3. To come up with money for her parents' medical bill, she tried to take the clients from her company. She made two company stamps, but did not use them in the end. Those two stamps were discovered and she was arrested.

    4. She has been on probation. It sounds like the court decides not to prosecute her ( we are not sure yet as the message is not clear ). If the court does not proce, does she still have criminal background?

    5. After she was arrested and released back home, she did attempt suicide twice. Based on the law of China, she could not be fully responsible for her actions. She is considering going through a formal evaluation from the law enforcement department. Once the evaluation is out, her sentence will be very minimal. I am guessing maybe 3 -6 month at most.

    However, I am not sure if I should encourage her to do that. I believe she will fully recover by the time she gets her green card in several years. Is this depression history going to be a problem for her?

    If the evaluation from police will affect immigration, should we not do the evaluation and let the court rules. She probably gets 1 year probation in that case. Can she still come to America? Or she is just inadmissible.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Is She Absolutely Inadmissible

    Criminal behavior and mental illness are both bars to admissibility.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Is She Absolutely Inadmissible

    Quote Quoting Disagreeable
    View Post
    Criminal behavior and mental illness are both bars to admissibility.


    Some are, yes. Not all though.

    What's more important at this point is where the offense took place (because I'm clear as mud on that part). US or China? It LOOKS like US and then she was "removed" - but I'm not certain.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Is She Absolutely Inadmissible

    The wait on sibling petitions is very long (over 10 years at this time).

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