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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86587
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Do you think my NJ case will be reviewed by USCIS if I plead

Resolved Question:

Do you think my NJ case will be reviewed by USCIS if I plead guilty to misdemeanor in Ohio to get under Petty Offense. I did not plea in NJ and the case has been dismissed. Should I be concerned that NJ dismissed case can affect me in anyway if I please guilty to Misdemeanor in Ohio?
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Ely replied 8 months ago.
Hello and thank you for requesting me.

What do you mean reviewed? What exactly are you asking? If you'd be removed? Or... something else?

What is your previous record? What visa are you on now?
Customer: replied 8 months ago.

I was arrested once in New Jersey for theft and entered a diversion program with no guilty plea or had to admit to anything. The case has been dismissed last month. I currently have a 2 years conditional green card which will expire in August 2014. I got the green card through my marriage to my spouse who is a US citizen and we have a daughter now. I was never convicted of any criminal offense.

Expert:  Ely replied 8 months ago.
Thank you.

What do you mean reviewed? What exactly are you asking? If you'd be removed? Or... something else?
Customer: replied 8 months ago.

I'm asking if that is a problem with USCIS or nothing to worry about?

Expert:  Ely replied 8 months ago.
Well, let me put it to you this way:

Greencard holders can be placed into removal if they are convicted of the following crimes:

-Two or more crimes involving moral turpitude at anytime; or
-A drug-related crime; or
-A crime considered an “aggravated felony,” which includes things like murder, rape, drug trafficking, fraud (over $10,000); and crimes involving theft or violence (including drunk driving) where a judge sentenced you to one year or more of jail time (regardless of your actual time spent in jail).

In the end, even those that fit the criteria are sometimes left alone. It is all at discretion of ICE.

Now, if ICE did not put a lock on someone when they were arrested, this likely means that they are NOT interested in removal. As such, I highly doubt that this should cause for removal.

However, one should wait 5 years after the end of any diversion program before filing for citizenship.

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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86587
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Criminal Law Specialists are ready to help you

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