The police caught her when she was driving without a license. Law section is 46.2-300. The court date will be soon. She has already filed I-485 through the marriage. Green card case status is at the first level only.
What will happen to her and her green card process?
She needs to consult with a criminal attorney in conjunction with an immigration attorney to ensure that she pleads appropriately so as not to adversely effect her green card petition
I agree with my colleague. The immigration effects depend on exactly what she is ultimately convicted of.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I agree with my colleagues. Make sure to hire a competent criminal attorney and get the charge either dismissed, if possible, for reduced, so as to not impact her adjustment of status case. She should also have certified disposition when she goes for the interview.
Contact Shokry G. Abdelsayed, Esq. at 201-471-7989. Answers on AVVO do not constitute legal advice and do not form an attorney-client relationship. Always consult an attorney for a legal advice.
In VA, a typical first-time charge of driving without a license carries with it a fine upon conviction. Provided that she pays the fine and complies with any other court-ordered requirements prior to her I-485 interview, the conviction is not a CIMT (crime involving moral turpitude) and should not affect her eligibility for a marriage-based green card. It is wise to hire counsel that can explain her current immigration process to a prosecutor, and the prosecutor may be willing to reduce the charge.
Disclaimer: This answer is for informational purposes and does not take the place of a consultation with an experienced immigration attorney. This answer does not create an attorney-client relationship.
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