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Very concerned about green card renewal Permanent Residency

Discussion in 'Green Card, Residency, Naturalization' started by mysticblu21, Sep 11, 2007.

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  1. mysticblu21

    mysticblu21 Law Topic Starter New Member

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    Hello,

    3 years ago i got 2 tickets(one for open container and the other was possesion of cannabis) in Richmond, Virginia. However these were first time offenses and in court they had no evidence on the possision charge. The outcome of both of these misdemeanors was "nolo contendere" In the next 2 years i'll have to renew my green card, will i have any problems doing this?

    Kind regards,
    (very concerned)
     
  2. mafioso

    mafioso New Member

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    In what state............
    Did both charges occur during thesame incident?
    What class of charge and what was the maximum penalty possible under each charge?
    Any other prior arrest records?
    How long have you been a pemenent resident?
     
  3. mysticblu21

    mysticblu21 Law Topic Starter New Member

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    Both misdemeanors occurred in the state of Virginia, they were first time offenses, which is why i was not guilty but the result was "nolo contendre" I do not have any prior arrest records and i've been a permenent resident for the past 7 years in the USA
     
  4. mafioso

    mafioso New Member

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    You did not answer my questions???? Can’t give you an answer.
    -Did both charges occur during the same incident?
    -What class of charge(name and class) and what was the maximum penalty possible under each charge?
    -Any other prior arrest records?
    Did you pay a fine? How much?
    One thing you should know is that pleading "nolo contender” means no contest. It is an admission of guilt to immigration. Pleading no contest means “I am guilty” to immigration. So answer all the questions for a complete answer. We need to see based on your answer if the charges amount to CIMT.
     
  5. mafioso

    mafioso New Member

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    You did not answer all my questions...........I need the answer to better advice you........
    Did both charges occur during the same incident?
    What class of charge (name of charge or number) and what was the maximum penalty possible under each charge?
    Any other prior arrest records?
    What fined or penalty did you pay?
    All these information is required to know if it is a CIMT, or if it falls under immigration petty crime exception. "nolo contendre" means you plead guilty. It simply means no contest to the charge. I would need the above info to give you more accurate analysis……….
     
  6. mafioso

    mafioso New Member

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    You did not answer all the questions…….need the answers to better advice you.
    Did both charges occur during the same incident?
    What class of charge (name of charge or number) and what was the maximum penalty possible under each charge?
    Any other prior arrest records?
    What fined or penalty did you pay?
    All these information is required to know if it is a CIMT, or if it falls under immigration petty crime exception. "nolo contendre" means you plead guilty. It simply means no contest to the charge. I would need the above info to give you more accurate analysis……….
     
  7. mysticblu21

    mysticblu21 Law Topic Starter New Member

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    Both charges occurred during the same incident, 3 years ago. They are both Class 4 misdemeanors. The maximum penalty for the possesion charge is 30 days in jail and no more than $500 fine. I know that the open container charge is a fine for the maximum penalty, but i'm having trouble finding out on the internet how much the fine is? Regardless of the fines and penalties for these misdemeanors, i was not fined and i did not have to pay any penalties. I do not have any prior arrest records.

    I hope this above information will be able to help you give me a more accurate analysis.

    Kind regards
     
  8. mafioso

    mafioso New Member

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    I think you just said you did not pay any fines or penalties…… So either you were put on probation, community service or took a class if you pleaded No Contest. Or the charges were dismissed…….Normally if you pleaded no contest there should be some form of a penalty.
    Well, even if there was, these two misdemeanors will not affect your green card renewal due to the petty crime exception. They both qualify as petty crimes which still make you legal and within the law. But be careful because you have just one chance with this exception. The next crime could kick you out….. But be honest about them if asked even if they don’t have your finger prints. Your DL info is all they need. But you might have to wait for five years from the date of that incident to apply for citizenship. One of the requirements for citizenship is good moral character within the past five years……….You can however take your chances now…………no guarantee……..it is at the immigration case officers discretion and guidelines. But make sure if you are traveling out of the US, carry all paper work with regard to the final disposition of the case ………..this would avoid confusion at an entry port it to the US.
     
  9. mysticblu21

    mysticblu21 Law Topic Starter New Member

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    Thank you very much for your accurate anaylsis and advice.

    Kind regards,
     
  10. mafioso

    mafioso New Member

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    We are always happy to help!
     
  11. mysticblu21

    mysticblu21 Law Topic Starter New Member

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    nolle prosequi??

    hi,

    it turns out that having looked up the disposition of the 2 misdemeanor cases, they are "nolle prosequi" is this why i did not have to pay a penalty? I also wanted to know whether nolle prosequi is another way of saying that the outcome of a charge has been dismissed?

    kind regards,
     
  12. mafioso

    mafioso New Member

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    I thought so too..........I found it hard to believe you plead no contest and had no penalty which is impossible......That is why I questioned you on that. I am happy it is now cleared. What you found.....nolle prosequi.... Means the prosecutors did not find enough to go forward. Their case fell apart. You are off the hook! The case has been dismissed or will be fully dismissed when the statutes of limitation runs out. So you would be able to expunge it. Just find out if your states let you expunge records once they are dismissed or only when the statute of limitation runs out…….usually about 2 years in many. Immigration would still have the info on the arrest and will see the charges were dismissed.
    Let me post the exact definition:nolle prosequi
    Latin for "we shall no longer prosecute." At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge’s permission to “nol-pros” a case.
     
  13. mysticblu21

    mysticblu21 Law Topic Starter New Member

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    hi,

    I really appreciate all your help, and thank you for explaining the definition of nolle prosequi.

    Kind regards,
     
  14. mafioso

    mafioso New Member

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    Anytime, we will always try to help!
     

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