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Do you think my NJ case will be reviewed by USCIS if I plead

guilty to misdemeanor in Ohio...
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?
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Answered in 6 minutes by:
10/30/2013
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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?
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Customer reply replied 4 years 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.

Thank you.

What do you mean reviewed? What exactly are you asking? If you'd be removed? Or... something else?
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

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

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.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,923
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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