Green card - Plead guilty on petty offense PC-484/488, Max sentence 6mons according to CA state statute

Asked about 1 year ago - Irvine, CA

Applying for green card, does this fall under petty offense exception,
Will it be still discretionary on Immigration officer or the law requires
not to reject the green card based on the criminal conviction, since
it falls under petty offense exception. I'm remorseful of what i did,
want to see if I'm chancing my green card or it is not a matter of concern.

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Sounds like it does if this is your only conviction.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Wendy Rebecca Barlow

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . The answer depends upon more information. The petty offense exception essentially excuses on conviction. Were you convicted of two different charges? Did these charges arise out of the same scheme? Depending upon the additional information, you may qualify for the petty offense exception.

    Even if you qualify for the petty offense exception, convictions can still be considered in the exercise of discretion. A decision on a green card application is a two-step process; the first-step is whether you are statutorily eligible and the second-step is to determine if you merit a green card as a matter of discretion.

    You would be best advised to consult an experienced immigration attorney as soon as possible. This attorney can review your criminal record and provide you with a definitive answer on your question and help you prepare for the interview.

    Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (... more
  3. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    Answered . It might. I know. This kind of an answer is not something you want. However, this is the only one that can be really given on the description you provided. To give you a more definitive answer, one would need to review your entire record

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  4. Daniel Patrick Hanlon

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . As long as you could not have received a sentence of one year or longer, were not sentenced to a term in excess of 6 months and you have only one conviction, the petty offense exception should apply.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,672 answers this week

3,077 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,672 answers this week

3,077 attorneys answering