Filing i-751 with pending misdemeanor case.

Asked about 1 year ago - Hallandale, FL

Hello, it's time to file my i-751 and recently department of agriculture filed case against me for conducting moving business with no state registration. Got registration and now waiting for a court hopefully the case will be dismissed. But it's also time to file my i-751 waiver based on a good faith marriage. Should i wait for the result of this case or i can file right away? Also what if case will not be dismissed, would it affect my immigration case?Thank You!

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

    14

    Lawyers agree

    Answered . Hire an immigration attorney. Do not play with fire.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . More information is needed to determine whether this is simply a civil violation or a significant criminal offense. The charge 'seems' like it is not, but we need to know the exact code or regulation that you violated. However, you must 'timely file' the I-751 joint petition to remove your condition. Otherwise, you complicate matters quite a bit and may have to start the process all over again at risk to your status.

    You should schedule an appointment with a competent immigration attorney as a precaution.

    This is general information, not legal advice, and does not create an attorney client relationship.
  3. Shahzad Ahmed

    Contributor Level 14

    9

    Lawyers agree

    Answered . Very good question. From what it seems to me, the offense is not a crime involving moral turpitude, but rather a regulatory offense. But you can never be too careful with your immigration matters. Please hire an experienced immigration attorney to represent you and be on the safe side. Regards,

  4. Theodore John Murphy

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . File the I-751 right away. There is a deadline for filing it and if you fail you will lose your residency by operation of law. The misdemeanor case is only a problem if there is a conviction. You may wish to hire an immigration attorney now to provide advice on the immigration consequences of the criminal case.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more
  5. Kyndra L. Mulder

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You need to file the I-751 before your conditional green card expires.
    It sounds like what you received is a civil citation and not a criminal offense that will cause you any trouble in removing the conditions of your LPR status. I do however suggest you work with an experienced immigration attorney and get your vendor license to attach to your petition.

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