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

Irvine, CA |
Filed under: Immigration Green cards

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

Posted

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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

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, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

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3 comments

Asker

Posted

Thanks for the reply, this is my only conviction and the case will be dismissed through. DÉJ. Have there been record green card approval with similar situations. Thanks

Asker

Posted

Also only 1 count of charge. Would like to know in the past green card have been Approved with petty offense exception.

Wendy Rebecca Barlow

Wendy Rebecca Barlow

Posted

Typically such cases are approved so long as there are no other adverse factors.

Posted

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 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.

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Posted

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.

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