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Huston, ID |

I took plea on the charge endagering a welfare of a Charls less than 16 in 2010. This charge has the deportation problem , I am a green card holder. So that I filled 440 motion to vacate my plea, but lower court denied the motion. So I Applealed in the court of appeales , New York states highest court. I don't have to bee here for the appeal, so I want to go back to my country for 2 or 3 years because I have some business there. I know green card holders must have to come to USA every year to renew the visa. But I know that we can apply for 2-3 years visa extension. So can I apply for a 3 year extension by filing I 90 form? My appeal in the appelleate court , so is there any problem to go to immigration office ? If I win my appeal then I can come back to USA.

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Attorney answers 3

Best Answer

The conviction may render you inadmissible to the U.S., but of course if your conviction is vacated there should be no problem.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.



I know that I will be stopped in the air port when I come back. But my question is , as stated above my 440 motion appeal already in the appelate court . My attorney said that as long as my appeal is in the court immigration can not touch me , coz I am fully protected by the law. But if I travel , when I come back I will be arrested. My specific question is , can I apply for a re entry permit 2 or 3 years ? If I go to immigration office should the start removal proceedings? If I get a re entry permit for a 3 years , then I can go to my country and can stay their for 3 years . If I faild my appeal then I don't want to come back. I can travel now but I must have to come back within 1 year . But I don't get the appeal decision within 1 year. But if I get a re entry permit then I can stay more thine there , within than time I will get my appeal decision , thank you


Generally you need to file an I-131 re-entry permit to be away from the US for over a year. Your conviction could also create problems for you when you try to re-enter the US. Consult an immigration attorney.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


There is no such thing, but you may be referring to a re-entry permit, which allows some prolonged absences from the US without abandoning your green card. I am concerned about your conviction though as it may create problems at the border when you are coming back. I would recommend consulting with an experienced attorney before you travel.

Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.