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  1. #1
    Join Date
    Feb 2006
    Posts
    1

    Default Green Card Expiring, Misdemeanor Dismissed

    Hello everyone, my girlfriend has been in the US for 10 years with a 10 year greencard. Her greencard expires in june 2006. She had applied for citizenship and a decision in pending but there is a problem. In 2001 she was charged with shoplifting an item at a local grocery store. Though she felt she was innocent and wrongly charged her lawyer suggested she accept a deferred sentance. So basically after a year the charges would be dropped, which they were.

    the problem is the INS has some issues with this because of the way it is worded in the court documents. Basically they are saying that she did commit the crime though the charges were dismissed. We have seen a lawyer on this matter today and we agreed to a few legal actions they suggested but they didn't really seem to know what they were doing (though it is a well known immigration firm).

    My concern is this: What is the likelyhood of her being deported when her greencard runs out? I asked about this but they lawyers said they weren't sure (comforting huh?) We have another appointment to see another laywer just for some clairification if possible but I wanted to know if anyone can offer any information on what the likelyhood of her getting deported is and what her possibilites of getting another greencard are...

    Is there any possibility of getting Assylum? She is from India which is democratic so I don't know if they court will say "yes ship her back it's a great country" or what.

    Thanks a million for any possible advice

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

    Default Re: Green Card expiring, Misdemeanor dismissed

    Quote Quoting fatdogs12
    My concern is this: What is the likelyhood of her being deported when her greencard runs out?
    If the USCIS were inclined to deport her, I doubt that they would wait for her Green Card to expire. The larger significance of the charge is whether it would be classified as a petty offense, such that it wouldn't impede her later efforts to naturalize. That would depend, among other things, upon the maximum sentence she might have faced as a result of the plea.

    Quote Quoting fatdogs12
    Is there any possibility of getting Assylum?
    Don't hold your breath. Asylum is not available to people who don't have reasonable fear of persecution or torture in their nation of origin.

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