Criminal Law Will my renewal for a green card be denied because of my misdemeanor?

[tomtell]

Hello I have to apply for my green card renewal with in the next month. I want to know if i need a lawyer because i have a misdemeanor. The misdemeanor was for solicitation back in 2008, in LA. I don't know what to do, any help would be helpful.

I was booked that night and placed bail in the morning. I did not have any additional jail time.

thanks,
Tom

 

[army judge]

Hello I have to apply for my green card renewal with in the next month. I want to know if i need a lawyer because i have a misdemeanor. The misdemeanor was for solicitation back in 2008, in LA. I don't know what to do, any help would be helpful.

I was booked that night and placed bail in the morning. I did not have any additional jail time.thanks,
Tom

A lawyer might help.
But, so what they kick you out?
The US isn't all that great.
There are better countries, go find one!

 

[fredrikklaw]

No Worries at all!

TOMTELL:

You have absolutely nothing to worry about and the very simple fact that you are at home writing to this forum and not languishing in an Immigration Detention Center subjected to the horrors of Removal Proceedings is all the proof you need.

Allow me to explain!

First of all, not any and all crimes subject an alien to removal; an alien who is not a U.S. Citizen is subject to being apprehended, detained, and placed in Removal Proceedings if his indiscretions amount to what Immigration Court has termed "Aggravated Felony (A.F) for Immigration Purposes." This means that if an alien racks up two or more misdemeanor DRUG convictions at state level, he is now an Aggravated Felon for immigration purposes and subject to removal from the United States.

There are basically two types of crimes that will get an alien booted out, and they are crimes involving Drugs and those of Moral Turpitude. Anything else and I.C.E. is not interested and will not come looking for you. Therefore, convictions such as (your) simple solicitation, D.U.I., non-violent domestic disturbance, spitting on the sidewalk, and jaywalking (just to name a few) although noticed by I.C.E., will not become obstacles in the alien's immigration process.

If there was to be any problem with your conviction, you can rest assured that you would have been arrested a long time ago and probably back in your home country by now, and the fact that you have not been and are writing this question on this forum is the foremost indication that you have not been labeled a "Criminal Alien" by I.C.E. and company.

So, do not worry at all; go ahead and apply for the renewal of your Green Card which is mentioning the obvious here as your really have no alternatives, unless you are contemplating living here out of status which is a sure way of getting removed, a euphemism for deported which is what it used to be called. But just remember to answer the question about arrests and whatnot truthfully.

I don't know on what basis you originally obtained the Green Card, but if you have become eligible in any shape or form for U.S. Citizenship, then I ABSOLUTELY recommend that you apply to become a U.S. Citizen instead of merely renewing the Green Card.

It will all go well for you. Just don't get any more misdemeanors of any kind any more!

fredrikklaw

 

[tomtell]

First of all, Thank you fredrikklaw for your clear and speedy response.

I have lived in the US all my life. I should become a citizen. This issue, the renewal, has had me on pins and needles. I have lost much sleep and time over this, not to mention the depression. This has had me so worried, all i think about is my wife and kids and what would happen to them. They all are citizens but life can be rough.

Thank you for your response.
P.S. Is there anything i can read to give me more insight to my situation?

 

[fredrikklaw]

Lopez v. Gonzales!

I am sorry you are having such a rough time of it, but then again I fully understand in an up-close-and-personal way just how nerve-wrecking dealing with immigration matters can be, and that is just with the good cases. And it is only natural to keep worrying despite all the reassurances in the world that it will be all right on the night; immigration worries are a lot like having a cold, that no matter what you do, it will have to take its course. All you can do at the present is treat the symptoms.

But as usual I digress!

And yes; there is a wonderful document which came to us courtesy of the Land's Highest Court, which I would like you to read from start to finish without skipping a word. And for me to call this thing a document would be like calling an aircraft carrier a dinghy, because not only does it address directly and exactly the dilemma you and thousands of other aliens are facing right now, but it is also a swift judicial kick-in-the-teeth for I.C.E. and The Immigration Courts.

It is a decision by the U.S. Supreme Court in LOPEZ vs GONZALES Attorney General 549 U.S. 47 (2006). A riveting, 24-page turner by the end of which I am sure you will feel very confident about the prospects of your upcoming immigration matter and here is the URL: http://www.supremecourt.gov/opinions/06pdf/05-547.pdf

Happy Reading and keep your chin up!

fredrikklaw

 

[Dstar101]

Dear Fredrikklaw,

I am a Veteran of the Armed Forces that has two DWI's and an UCW. Previously the D.A had put on the table to have the UCW dismissed yet things didn't happened as assumed. My attorney who had reset for almost 15 months finally got asked to take care of the case in which I had to enter the plea of no contest. The UCW was not dismissed. The UCW resulted from my vehicle stalling on me on my way home at around 11pm which was pretty dark. I had a 9mm in the back of my SUV ready to have my wife put it in her vehicle to transport it to my home. The handgun was registered and had never been fired I guess my mistake was that I set it on the floor as soon as I saw police vehicles approach since a nice pedestrian happened to call for help. They started asking me questions about my vehicle, before I had a chance to inform them of the gun I had placed on the ground, and officer stepped on it and it lead to the UCW. There was no intent of anything..it was really not knowing the laws here in TX since I had been here for about 3 years. Being that I have a Military background...the handguns, rifles, shooting ranges has been part of my life for a very long time. Regardless, I have a TCW and two dwi's... I was recently approached by ICE agents and they wanted to take me in to custody...I was just completely freaked out...I informed them that I was a Veteran and they asked me for documentation to prove it and I gave it to them..they then made a call and they let me go. Now I am a bit worried about what's next? Is there most likely a removal order being processed? How about Citizenship? will I be able to apply for Citizenship? I was accepted into the Veteran's Court which has handled my case... I am also Disabled (Service Connected). All my family, relatives, children, friends are Citizens except for me. What is the next step now...or what should I be doing now?

 

[fredrikklaw]

You are safe!

DSTAR101;

No; Not at all; none whatsoever!

What I highly recommend that you should do is to relax and stop worrying about I.C.E. and whether you are in trouble with Immigration. You are not and you will not be and the proof I offer in support is the very fact that you were released by I.C.E. agents who were there to arrest you and place you in Removal Proceedings. But, I take my hat off to you firs, and then to the I.C.E. agents who after verifying your military status recognized your service to the masses and extended you the respect you deserve and command by releasing you immediately.

And you can rest assured that there is not going to be an immigration arrest warrant issued for your capture and removal based on your on-the-spot release by I.C.E., who incidentally, had came to detain you based on an already issued warrant after a check of your criminal records, which at the time did not reveal your military status.

So you are neither going to be detained nor removed from the U.S. and you can take that to the bank, and your Citizenship application is but a foregone conclusion as you are automatically awarded U.S. Citizenship based on your military service while being an L.P.R.

Now, I am not saying that you would have met the same respect and courtesy had your indiscretions were more than just DWI and what have you. By that I mean if you are ever convicted for a serious drug related offence or an offence involving violence before you are naturalized, your military service is not going to be much help to you then.

But for now, relax and look forward to taking the oath of allegiance to the U.S. Flag and becoming a full U.S. Citizen.

Wish you the best.

fredrikklaw

 

[Dstar101]

Dear Fredrikklaw,

I just want to thank you for your time and prompt reply on this matter. I really appreciate what you do for people and me, a Veteran. You have no idea on the pressure that I had over me ever since this incident, it was just mind crushing. Thanks to you I am at ease yet still taking precaution. Yes I truly want nothing more than to take that oath and become a U.S Citizen. I made mistakes and learned so much from them. Where are your offices located (State,City)? I am more than sure that you are an amazing attorney and if myself or someone I know might need legal services, I would definitely recommend your firm.

Respectfully,
Dstar101

 

[tonia]

i have multiple misdemeanors and never did jail time. im also a permanet resident and have been since 1982 and is odviouse that this will effect my renewal of my green card. not married, no children and my renewal is due in three more years. i've gotten my act together and have been a lawful citizen since. should i start looking for legal help now?

 

[jiggam18]

hi there i have a questions and hopefully someone will be able to help me out, im applying for a green card but i have at least 7 thousand dollars in unpaid court fines from years ago that i have forgotten about but with the interest those fines went sky high and now im not sure if i should still apply for a green card in case it gets denied or they dont look into that kinda stuff im eventually planning on paying those fines so i can drive but they are extremely high and the money i have right now is to pay my immigration lawyer so im kinda stuck at the moment without knowing what to do my lawyer isnt so sure but she seems to think i need to pay for the fines before i could apply, does anyone or have anyone heard anything about this kinda situation that could help me .. thank you everyone