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.
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