QUESTION
Can INS take away the green card because of not enrolling in school when I came to US?
Asked on Jan 16th, 2013 on Immigration - Utah
More details to this question:
In 2003, I came into the US on F1 student visa. I did not enrol in school but instead worked for three years in various caretaker jobs. I got married to citizen in 2006 when I got pregnant and got green card. I now have 10-year green card. I also had shoplifting charge before applying for green card but charge was dismissed after doing community service.
3 ANSWERS
No, you should be fine. If you get your green card on the basis of marriage to a US citizen, any unlawful presence or unlawful employment is forgiven.
Answered on Jan 24th, 2013 at 1:21 AM
Adebola O. Asekun
Your failure to attend school was a violation of your F-1 status, but as spouse and mother of US citizens, that the violation was cured or waived when your husband filed your green card. Concerning the shoplifting charge which happened before you applied for a green card, I believe DHS similarly forgave that as well. Because you said it was dismissed, I must correct you and say that the shoplifting charge, for DHS purposes was a real conviction because the court told you to do community service. You should have no concerns about your green card as long as you do not get into any more trouble.
Answered on Jan 22nd, 2013 at 7:47 AM
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Edward D. Flint Attorney at Law
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All immigration questions depend heavily on the facts of each individual applicant, and there are no easy answers. The best thing you can do is visit with an attorney and go over your options.
Answered on Jan 22nd, 2013 at 12:25 AM