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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28201
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I had a criminal charge against me (misdemeanor), that is,

Customer Question

Hello! I had a criminal charge against me (misdemeanor), that is, theft by deception. I had to serve 20 days in jail, and pay a restitution and a year of probation. This was in 2015 summer. And everything went okay, and the judge had gave me "First-offenders Act". And the court said that your record wouldn't show up on the database. It should have been completely removed. Am not sure if it did at f.b.i. level or how that really works.
Anyway, so, I applied for replacement green card and got my fingerprints taken. Now I am just waiting on a update from USCIS. It's been 5 months now..
Can you please help me with your opinion as to what can I expect?
Is this really really a serious crime that happened to me in terms of immigration purposes? (I didnt even do anything personally. It just came to me in my business. I was the unlucky one, I guess).
Do you think they can deport me for this? I dont even know if f.b.i. can see it or not..
And I also have another question -- i am planning to travel back home in December. If in case I don't get any status update on this I-90 form, can I get the i-551 stamp on my passport and travel, and re-enter US without any trouble?
Any advice will be greatly appreciated.
Thank-you!
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Judith replied 1 month ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Yes, the arrest is always visible to law enforcement.

It may not be visible to the public or employers but law enforcement will always have a hit when running you through a background check.

This is a CMIT = crime involving moral turpitude.

You definitely need to take all of your charging documents and certified copy of your disposition to a immigration attorney who specializes in immigration consequences of criminal convictions. We cannot give specific advice, I am not a Georgia licensed attorney and I do not believe any of our immigration experts are licensed in GA.

The issue here is you were sentenced to probation for more than 6 months and that may well take this out of the "petty crime" exception which gives you a pass on any sentence of less than 6 months where the possible maximum sentence is less than one year.

Probation is considered a sentence it is not restricted to jail time.

Depending on how long you have been a permanent resident you may not be removable but you may be inadmissible. That means if you leave the country you would not be allowed back in.

So USCIS would not remove (deport you) for the crime but you could be barred from re-entering.

Therefore, until you get your renewal you better not plan any trips outside the US. In addition, you need to have an attorney familiar with the laws in your state to review the statute under which you were charged and determine if you have an inadmissibility issue.

Your card has not been renewed yet because it is in que for USCIS to send out an RFE for a certified copy of the disposition.

These matters always take longer because they have to go through a supervisor.

You would be very ill advised to leave the country until you have your renewal in hand and have had a GA lawyer review your criminal file and the state law and advise you on whether this will fall under the petty crime exception or if you face more serious consequences.

You can file a lawyer in GA near you at http://www.ailalawyer.com There is a drop down menu and you want to select "deportation-removal" they would be best qualified to review the criminal statute and your disposition to advise you where you fall under GA law and the issue of inadmissibility. They will also review your total immigration history to see if removal is a risk.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

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