naylorchic
New Member
My husband is up for renewing his green card in a few years and I'm trying to get info. I know I'll have to contact our immigration lawyer, but just wanted a few opinions. I'm not going to write a book here to give you ALL the info lol. Basically my husband took a plea deal back in 2003 to an aggravated felony not knowing the immigration consequences. He is a legal permanent resident. If he had known we would have fought it because he really didn't do what he was accused of (but that's what they all say right? lol). Our lawyer recommended the plea deal b/c he felt where we live he wouldn't get a fair trial from a jury due to his race. Anyway it was a big mistake. He was taken into custody & removal proceedings were started. We filed an MAR b/c it was discovered that he wasn't sentenced according the the plea aggreement. He was sentenced in the aggravated range, but the plea aggreement was for the mitigated range. He was also sentenced as a level II offender based on a DUI that was someone w/ a different last name & different DOB (only had the same 1st name). The judge would not completely vacate the conviction. He only vacated the sentence, but wouldn't resentence him b/c he was in immgration custody. We filed an appeal w/ the BIA since he technically hadn't been convicted since he had no sentence. Surprisingly it worked! He came home & we were able to renew his green card (actually renew & remove the conditions since he was still in his 1st two years when this occured). I just had to attach the judges order vacating the sentence, the BIA order, and an explanation of everything that happened. Almost 7 years later he has never been sentenced. We spoke with our criminal attorneys about appeals, another MAR, etc. They ultimately decided it would be safer to do nothing. So that's what we've done. We just don't know what to expect when he has to renew his green card. I know they will do a background check when he trys to renew, but I don't really know what it will show. Will they see the ruling by the BIA and just renew it? Like I said I know we will have to go see our immigration lawyer again, but just wanted a few opinions from people who I'm sure know wayyyy more than me. Thanks!