QUESTION
How can I get my green card if I have three misdemeanors?
Asked on Jun 08th, 2012 on Immigration - Colorado
More details to this question:
My husband has 3 misdemeanors on his record. 2 are from shoplifting in Cook county, IL from years of 2002 and 2003 both for less then $100 total. The third one is a DUI charge in 2005 (he has completed all that court required in timely manner). He came to the USA in 1999. He doesn't have anything on his record since 2005. Will he be deemed inadmissible ? Or will he be able to get a green card? Or perhaps shall he file a Waiver for inadmissibility?
7 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Hello: He will most likely need a Waiver. *Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.
Answered on Jun 21st, 2012 at 7:27 PM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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He shoplifting charges are crimes of moral turpitude. Your husband may be eligible for a waiver. A close investigation of the case is required before discussing the waiver and or other options.
Answered on Jun 21st, 2012 at 5:55 PM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
The two theft-related offenses are "crimes of moral turpitude" within the immigration system and require a waiver of inadmissibility. A waiver would be based on your hardship. I would strongly suggest obtaining legal assistance for the waiver.
Answered on Jun 21st, 2012 at 4:52 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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Two theft offenses make him inadmissible as two crimes involving moral turpitude. A waiver is required. However, an attorney should look at the court documents.
Answered on Jun 19th, 2012 at 6:10 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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He is inadmmissible and will need to file a waiver.
Answered on Jun 18th, 2012 at 9:45 PM
Appeals Attorney serving Los Angeles, CA
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Law Offices of Larry R. Glazer
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It is imperative that you consult an experienced immigration attorney to discuss your spouse's case. The criminal record from IL will most likely result in a finding of inadmissibility and the need for a waiver. The law in this area in complex and difficult to navigate as a pro se applicant.
Answered on Jun 18th, 2012 at 8:14 PM
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Your husband's criminal record sounds minor, but could be an issue for his immigration status. An attorney should look at all of his criminal records to understand if your husband is inadmissible and whether he will need a waiver. You should schedule a consultation with an immigration attorney and take all of your husband's records with you to the consultation so that you can understand the effect they will have on his immigration process.
Answered on Jun 18th, 2012 at 8:14 PM