Can I still get a green card?

Asked over 1 year ago - Humble, TX

I was set up for sexual assault of a child 6 years ago. My case was dismissed, I pay no fines, everything was drop. That was my 1st and last time I been to jail. Is that going to effect me to get my green card?" I'm also marry to a us citizen

Attorney answers (4)

  1. Thomas Esparza Jr.

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    Contributor Level 19

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    Answered . you WILL have to explain this when you immigrate and that means providing all the reports and documents. go see an immigration specialist such as adan vega or bruce coane in houston. i have know them for over thirty years and they are the best

    The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A... more
  2. Michael E. Piston

    Contributor Level 12

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    Answered . A pure dismissal will not disqualify you from permanent residency. The problem is that many "dismissals" are viewed by DHS as convictions in disguised. For example, if you pled guilty and were on probation for a while or even paid court costs, and then later your case was dismissed, this could be considered a convicton by DHS ahd may bar you from permanent residency. On the other hand, if there was no plea of guilty or no contest, no fines, court costs, probation or penalty of any sort, then this will not count against you for permanent residency purposes. Naturally I agree with the others that for a serious matter like this you must obtain your complain court file and an arrest record and bring it to an attorney for review "just to be sure".

  3. J. Thomas Smith Ph.D.

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    Contributor Level 20

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    Answered . I agree with my my colleague. A complete copy of the arrest record and any court proceedings will be required. It is likely that you will have to explain the totality of the circumstances that led to your arrest, whether you adjust status here or at the Consulate.

    Do consult an experienced immigration attorney for assistance

    Law Offices of J Thomas Smith, J.D., Ph.D.
    11500 Northwest Freeway, Suite 280
    713-LAWYER-2
    www.MyimmigrationLawyer.Info

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
  4. F. J. Capriotti III

    Contributor Level 20

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    Answered . I agree with my colleagues ... get a complete copy of your criminal file and meet with an immigration attorney before you file any forms.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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