QUESTION
What can I do about a green card application if I have a misdemeanor pending?
Asked on Mar 12th, 2012 on Immigration - Florida
More details to this question:
I am on H1B Visa with I-140 approved. My current H1B is valid till March 2014. My I-485 date has become current under EB2 category of Green Card.I have a misdemeanor charges (Shop lifting) pending agianst me and will be dismissed in Jan 2013. My case was diverted out of the criminal arena to Operation De Novo. I did not enter a plea of guilty to anything, I did not admit any guilt or admit to any facts supporting guilt, I was not sentenced, and I have no conviction for anything as a result of this resolution. I have been asked to remain law-abiding and the entire case will be dismissed automatically in January, 2013. In this scenario my question is, if I apply for I-485; I will have to go through a medical and FBI background check. In background verification it will appear that I have a pending misdemeanor charge. Will it create a greatr risk of getting my Green card application rejected and eventually will force me to leave US immediately? Since I have a pending charge; will my I485 application be rejected based on this? Since my current H1B is valid till March 2014 should I wait until Jan 2013 when my case gets dismissed and then apply for I-485? or should I apply after Misdemeanor Expungement?
2 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You will have to do a medical and FBI background check. It can come out and you will have to explain it in the application. However, no finding of guilt means that it is not a conviction. DHS will ask you for a court disposition to show that you are not inadmissible. Even one conviction of petty theft will not make you inadmissible if you are sentenced to less than 6 months.
Answered on Mar 16th, 2012 at 8:52 PM
Immigration Law Attorney serving Orlando, FL
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Stoller & Moreno, P.A.
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My advice is to stop researching the internet to find the answer and instead schedule a consultation with a qualified attorney who can guide you through the situation. Your inquiry makes very evident that you have spent hours trying to ask as many sources the answer to your question. And while informed clients are always preferred, some obsess on questions they will not figure out on their own. Rather than drive yourself and those around you completely nuts, schedule an appointment with a qualified attorney and then seek another opinion from another qualified attorney. That should provide you with enough information. If this is the only charge you have ever had, you should be fine. Take it easy on trying to be your own lawyer and listen to some advice from a qualified professional. You are making way more out of the problem than need be.
Answered on Mar 12th, 2012 at 6:58 PM