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My case has been closed for over 18 months because failure to prosecute.Can i apply for a greencard in the mean time ?

Brooklyn, NY |

I have a drug possesion mistermeanor with 6 months probation that was given to me about 4 years ago.On my way back from an overseas trip i was stopped and served with an NTA and my greencard was taken away.

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Attorney answers 5


So are you still in removal proceedings right now? Or did you lose your case in front of the immigration judge?


What is happening with the removal proceedings?

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


You may be setting yourself up for deportation. Show your record of conviction to an experienced immigration attorney.

(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.


Yes you can. You are still an LPR

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.

Alexander Joseph Segal

Alexander Joseph Segal


best answer requires such marking. That encourages us to go on with free advice.

Alexander Joseph Segal

Alexander Joseph Segal


You are not setting your self up for anything you have already gone through. You do need an immigration attorney to look at your records and equities before you apply for a green-card.



Thanks for your answer , I will contact you tomorrow .


Since Removal proceedings have commenced, you should consult an immigration lawyer immediately.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website:

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