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.
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)
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Web: www.shusterman.com (English)
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.
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