Criminal Law will my green card renewal be rejected with my misdemeanor

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hromano

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I entered into a plea agreement of a misdemeanor of 'obstruction of mail' 3 years ago with a sentence of 6 month. My misdemeanor is not deportable as this was checked at the time with my crimial lawyers of entering the plea agreement. My green card was issued 2001 and my misdemeanor occured in 2004. When I entered the plea I was time severed. I was arrested in 2003.

I would like to know if my misdemeanor can affect the green card renew. Can my green card renewal be rejected and in this case I can be deported if they refuse to renew my green card. I am married to an american citizen and I have a child born here.

Thanks in advance.
 
Marriage to a US citizen will not stop you from being deported if your crime is deportable. It might help you in getting a waiver which is really rare. Your family ties come into play only when you are given a deportation order. Family ties don't matter before the decision is made…….Well back to your post.
-What was the original charge before you plead to mail obstruction?
-What is the max penalty for your original charge?
-What is the max penalty for what you plead guilty to?
-Did an immigration lawyer review your plea before you accepted it?
-Do you have any other arrest records?
-How long have you lived in the US?

I need these answers to give you an accurate answer……
 
One last thing...........was the six months in jail or what.......please clearify?
 
effect of a misdemeanor on the renewal the green card

An information was filed with count one for 18 U.S.C. 1701 (knowingly , willfully and unlawfully obstruct and retard the passage of the US mail. And this also what I plead guilty to. The information was filed after we discussed a plea agreement so that my charge will not affect my immigration status as my lawyers informed me.

The maximum penalty for what I plead to is 6 month in prison. I was detained for almost that time so by the time I plead guilty I was a week away from the 6 month imposed and I received no probation.

Yes, I had an immigration lawyer review my plea before accepting and I was informed that it will not affect my current immigration status.

But what I never asked if renewal the green card can be denied since I have been arrested and have now criminal records of a misdemeanor.

This is my only arrest and criminal record I have. I have been living in the U.S. since 1999 and got my green card through my husband in 2001.

Thanks for your reply.
 
Yes you are right…………It would not affect your immigration statues. It falls under the petit crime exception. You should be more careful now…………It is a onetime exception only. You have no room for error……….I know you must have gone through a difficult time because of this and now you are more careful. It would not affect your renewal. Just be honest about it if asked. Immigration law lets you get away with a onetime offense with a prison time of a max of one year. It could however affect your citizenship application………..Because a requirement for citizenship is good moral character in the past five years. So it might be wiser to wait for five years before applying.
 
Thanks very much for the advice. Trying to be as much careful as possible. It was a grey area and not even an attorney could have predicted the case to be turned into a criminal one. I was detained without bond so I had no choice except pleading guilty to save the situation.

For the citizenship, I am waiting the 5 years after my sentence but can I still have the chance of been denied the citizenship even after the 5 years of good moral character because of my past criminal record (this misdemeanor). If I am denied, do I have other chances?

Also, for the citizenship do they look at all the details of the case as the information for ex or just the summary (offence type, date)?

I am planning to apply now to get the Italian citizenship through my husband, would this affect getting later the U.S. citizenship?
Also, I am asked to give the FBI criminal records, does it shows very detailed information about the case or just the date and offense type without going into details?

Also, I was told that I have the chance of been stopped when I travel overseas due to the misdemeanor and could be even detained but eventually be released once in front of a judge. I have been travelling overseas now at least 4 times since my misdemeanor, do I still have a chance of been stopped for this misdemeanor?

Can this misdemeanor be cleared or expunged somehow?
 
Who asked you for the FBI criminal record check? Why?
For citizenship, they have the case summary. They could order the complete file from your county court if they wanted. The important thing is it does not matter since it falls under the petit crime exception. You would be able to get US citizenship after the five years even with the misdeameanor.FBI checks have just the basics......But they could order the file. It is true you could be stopped at an entry point into the US because of your record........They check details of some GC holders randomly........It is hard to know why some people face that problem but other don't. I guess they may be focusing more on felonies......It has happened to many with misdemeanors too. Just always hold the information on the disposition of your case and information on the petit crime exception. It would help avoid some problems. To see if it is an expugnable misdemeanor that would depend on your state and its rules........But I know it can be sealed from the public not law enforcement. You can get Italian citizenship and later American citizenship.
 
You mentioned you got to the US in 1999 and was charged in 2004. I said there would be no problem based on the assumption that there is a five year gap between those dates. If not you could be required to get a waiver.........Some cases just require calender years. I guess since it was reviewed by an immigration lawyer...........you are okay!
 
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i have a question about my immigration and was wondering if someon can help me!!

i had 2 felonies before in 2008 and was almost deported back to egypt ive been in the united states all my life but never became a citizen anyway, when i cought my felonies and took a 6month plea deal i was sent to jail and rite away i got immigration hold. after going threw immigration i was granted full religion asylum. that was in aug.18 2010 they said i can get my green card back in 1year but now i just got a criminal ticket like 2weeks ago!! will that effect my green card..
the chrge was: disobey a lawfull comand by law enforcement.. a criminal ticket...
the state trooper said she told me to move my car and i didnt!! WILL THAT EFFECT ME FROM GETTING MY GREEN CARD BACK?
PLEASE HELP ME!!
 
I have a question too... I have been here since 1999 and in 2008 i was charged with 5 degree asult missdemeanor, also there was a speeding ticket in 2010 that I simply forgt to pay and just found out abt it. i was wondering if that would affect my green card renewal? I have 2 american born children and came here as a kid being deported would be hell cuz I consider this place my home and have nothing down there where im from.
 
I have questions regarding green card renewal/citizenship.
I was charge code 487a in 2003 and did only 10 days caltran, can this deny my green card renewal in 2013?
 
I was charged with shoplifting but I Paid $50. Fine and the judge ordered my record sealed, Would this affect my green card renewal? This was 25 yrs ago and no other record.
 
I was convicted in 2011 with Penal Law 24000 the Criminal Courte was asking for Parenting Classes since they issue temporary order of protection can this affect me next year when i have to renewal and also applying for citizenship Thank you..
 
Hello!I have a question the person which got temporary green card for 3 years. He got married with American citizen.Somebody robbed him all wallet with all documents and moneyHe was drunk when it was happened.He break off two cars mirrows.He has misdemeanour.Dose it going to affected to received permanent GreenC, His wife cheated on him and got pregnant with another man.He file out the divorce paper just starting.Dose it going to affected to received permanent GreenC.Thanks
 
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