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  1. #1
    Join Date
    Jul 2007
    Posts
    3

    Default 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?

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

    Default 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.

  3. #3
    Join Date
    Jul 2007
    Posts
    3

    Default 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?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Class B Misdemeanor Impact on Pending I-485

    Any criminal activity can affect your immigration status.

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