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Wife with misdemeanor charge and applying for GC renewal

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  • Wife with misdemeanor charge and applying for GC renewal

    Hi guys I am a Naturalized Citizen. My wife currently holds GC and its up for renewal. But unfortunately, one day she came out of Macys without paying by mistake, the cops went ahead and pressed the charges anyway. Now that case had been expunched from the records, Is my wife safe to go for GC renewal without an Attorney?

    Please advise me.
    Thanks

  • #2
    Did she plead guilty? What was the amount? Check into petty exception clause. What is the maximum sentence for the charge in your state?

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      She did not plead guilty. But she was charged and put on probation for a year. She was fined $400.

      Thank you for your help

      Comment


      • #4
        Probation or deferred judgment is counted as a conviction for immigration purpose.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          So at this time what would you advise me to do? Her GC expires in February.
          Thank you for your help.

          Comment


          • #6
            Check into petty exception clause and if you qualify.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              I really aprreciate your help.
              But what is petty exception clause?

              Comment


              • #8
                google for it.

                Section 212(a)(2)(A) of the Act provides, in pertinent part:
                (i) In general.-Except as provided in clause (ii), any alien convicted of, or who
                admits having committed, or who admits committing acts which constitute the
                elements of-
                (I) a crime involving moral turpitude (other than a purely political
                offense) or an attempt or conspiracy to commit such a crime, . . . is
                inadmissible.
                (ii) Exception.--Clause (i)(I) shall not apply to an alien who committed only one
                crime if-
                (11) the maximum penalty possible for the crime of which the alien was
                convicted (or which the alien admits having committed or of which the
                acts that the alien admits having committed constituted the essential
                elements) did not exceed imprisonment for one year and, if the alien was
                convicted of such crime, the alien was not sentenced to a term of
                imprisonment in excess of six months (regardless of the extent to which
                the sentence was actually carried out.

                I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                Comment


                • #9
                  Thank you. She was not sentenced, but was fined. She did not go to jail at all. It appears according to the petty exception clause she should be alright. Would you sugest me to seek an attorney's help anyway?

                  Comment


                  • #10
                    Originally posted by txh1b
                    Probation or deferred judgment is counted as a conviction for immigration purpose.
                    .

                    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                    Comment


                    • #11
                      Probation in the sense not to enter Macys for one year

                      Comment


                      • #12
                        How about paying fine? Talk to a lawyer.

                        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                        Comment


                        • #13
                          thank you

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