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Can I still obtain a green card through marriage if I have a felony?

Lansing, MI |

I have been in the US since 2002 on a student visa. I have a masters degree and I am currently only 6 credits away from being done with me doctorate. Two years ago I was charged with and convicted in two felonies: Home Invasion 2nd degree and Attempted Home Invasion 2nd Degree, and sentenced to 1 year in county jail. After serving 4 months of my sentence I had it reduced by 30 days by the judge so basically now my official sentence is 11 months in county jail. Although I had a federal hold placed by the office of homeland security and I was told that I will be picked up by them upon my release, this never happened. Right now I am still in the US serving the terms of my probation. As of this moment, nobody have contacted me regarding my immigration status. Do I still have a chance to stay

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Attorney answers 1


You need to see an immigration attorney with criminal defense experience where you live. Take them a copy of the arrest report, charging document and final disposition and see what they say to do. You might want to get it reopened and the conviction vacated and set aside or reduced to something less troubling. It might be ok. They would need to see the exact state or federal statute violated to see what the ramifications are.

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