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  1. #1
    Join Date
    Apr 2014
    Posts
    1

    Default Removal of Condition on a Green Card with a Misdemeanor Conviction

    Hi,

    I got arrested for selling counterfeit cellphone cases as a felony charge, 4 attorneys i spoke with told me that most likely, i am not facing any jail time and charges could be reduced to misdemeanor. I have a 2 year green card thru my marriage. My marriage is genuine and my wife is 2 month pregnant, we own a property in California.
    All those considered (i don't know if immigration officers take strong family ties into consideration), am i still be able to get my permanent GC? Or i will be denied and deported.
    If i get deported, how am i going to see my wife and baby again?

    Please share, thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Removal of Condition on a Green Card with a Misdemeanor Conviction

    You're charged with a felony crime involving moral turpitude. You need to discuss your situation in detail, as well as the specifics of the eventual plea bargain, with an immigration lawyer. Also, whether you can be deported for a single CIMT turns on whether you entered within the past five years. See 8 USC Sec. 1227(a)(2)(A)(i)(II). We cannot address these issues in the abstract.

    If you are deported, during your period of ineligibility your wife and child can relocate with you or they can visit you in your home country. Note also, with a CIMT conviction even if you're not deported, should you travel internationally you could be found ineligible to reenter the United States. The details, including some which are not yet known such as the terms of the eventual plea bargain, matter.

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