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  1. #1
    Join Date
    Dec 2007
    Posts
    1

    Default Green Card Renewal With Misdemeanor Conviction

    Hi, I need to renew my greencard which is expiring, but I have a misdemeanor conviction that bothers me. Background info:

    - Misdemeanor conviction for 2nd degree burglary (shoplifting at department store). It was a felony charge reudced to a misdemeanor, pursuant to PC 17.
    - Sentence was 240 hours of community service and caltrans.
    - 3 years informal probation
    - No further trouble with law

    2nd degree burglary is considered crime of moral turpitude. However, i was not imposed a sentence of 364 days, will I be given a "petty offsense exception"? 3 years probation is not considered a sentence, right?

    Based on these facts, do you think the renewal will be rejected?

    Also, if everything goes well and the renewal is granted, will I still be able to travel out of the country?

    Any advice is appreciated. Thank you.

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

    Default Re: Green Card Renewal With Misdemeanor Conviction

    The maximum imprisonment does not exceed one year, and you were not sentenced to six months or more of incarceration, so I would expect this to fall under the petty offense exception.

  3. #3
    Join Date
    Dec 2007
    Posts
    1

    Default Re: Green Card Renewal With Misdemeanor Conviction

    Thanks. i have one more question.
    I read the following on a website:

    A noncitizen is deportable for one conviction of a crime involving moral
    turpitude (“CMT”) if she committed the offense within five years of her last “admission”to the United States, and if the offense carries a potential sentence of one year. Depending on individual circumstances, the “admission” that starts the five years
    might be the person’s first lawful entry into the United States, the date he or she adjusted
    status to permanent residency, or a return from a subsequent trip outside the country. See
    discussion in Chapter 1, §1.3(B).

    So what does the admission start date? If I went out of country for a vacation, and the conviction happened within 5 years since i returned from vcation, is that grounds for deportation?

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

    Default Re: Green Card Renewal With Misdemeanor Conviction

    As you stated, "Depending on individual circumstances, the 'admission' that starts the five years might be the person’s first lawful entry into the United States, the date he or she adjusted status to permanent residency, or a return from a subsequent trip outside the country."

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