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.
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.
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