I'm living in the USA with Green Card. My wife is an international student. I sponsor for her to stay here. My wife was arrested one time, but she got release because the police made a mistake. She have a clearance letter now. My question is that if the USCIS will not allow for her to stay here since she was arrested before? I was also have a misdemeanor charge for Penal code 496 with the language stay "with intent to temporary deprive". I don't know id the USCIS will find that I'm not qualify to sponsor for my wife to stay in the USA. Please advice me in this situation.
Certain criminal convictions can make a person inadmissible to the US. generally, one misdemeanor would not create a big problem. As the Petitioner, a conviction for receiving stolen property under Cal P.C. section 496 should not affect the case.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
The best thing to of course is to have an in-depth private consultation with a lawyer. Your wife criminal record as described by you should not disqualify her. Your criminal record is irrelevant but it looks like you yourself may lose your green card if the crime you were found guilty of is one that is classified as involving moral turpitude. Don't play games, hire a good attorney.
Your own criminal history should not be an issue. It is best for an immigration attorney to review your wife's criminal record to confirm that it is OK.