i was arrested for grand larceny, i went to immigration interview, when the officer ask me if u were ever arrested,i said yes. she told me to get my diposition and bring it back, on my second court date i plead guilty to 240.20. i got the diposition and went back to immigration,now im waitting to see if that will not stop me from getting my green card, coz my lawyer told me 240.20 desortly conduict is not consider as crime. but on my disposition it said 1year conditional discharge, im hopping the immigration officer may not consider that, and make me wait for that whole year before approuving me.
You need to sit down with your immigrationa ttorney and ask for an explanation as to the basis of his/her legal opinion. Your attorney has access to your complete criminal and immigration history and can comment on your case to date. Good luck.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
Disorderly conduct is not a crime of moral turpitude, so if this is your only conviction, this should not prevent you from obtaining a green card.
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
As a general rule of thumb, CIS will not grant permanent resident status for people who are on probation or have not yet fulfilled the court ordered punishment for any crime (even if that crime does not legally disqualify them). That's not t say it won't happen in your case, but generally that is how CIS handles this issue. If they hold your case in abeyance until you are released from the court system, don't forget to renew your work authorization and then when released provide them with a certified court document indicating such.
If Immigration holds you up for the year, you can go back to court and ask the judge to cut the time of the conditional discharge so that it is for less time. It is done all the time. Your lawyer in the criminal case can do it or you can hire someone or speak to the legal aid society about filing the motion on your behalf.
This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.