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I am wondering if a misdemeanor (bpc 7027.1 illegal

Customer Question
Hi, I am wondering...

Hi, I am wondering if a misdemeanor (bpc 7027.1 illegal advertising) will prevent me from getting a green card? I’ve been married with a us citizen for 2 months now.

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

No

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have court for this misdemeanor in a few weeks. I still don’t have that misdemeanor in my record

Submitted: 3 months ago.Category: Immigration Law
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Answered in 10 minutes by:
3/12/2018
Immigration Lawyer: legalgems, Lawyer replied 3 months ago
legalgems
legalgems, Lawyer
Category: Immigration Law
Satisfied Customers: 13,387
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Immigration Lawyer: legalgems, Lawyer replied 3 months ago

Misdemeanor convictions may result in the denial of a green card; there are certain offenses where it is pretty common; for example if the crime involves drugs, moral turpitude, money laudering, prostitution. These typically serve as bars. Under the INA, if it is a petty offense (ie the maximum punishment is less than one year, any the imposed sentence is less than 6 months) then it generally qualifies as an exception.

It is a good idea to hire a criminal attorney with immigration law background to help get the charges dismissed or reduced to improve the immigration chances.

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Customer reply replied 3 months ago
there is a lot of types of misdemeanors but my question is if this misdemeanor: bpc 7027.1 illegal advertising, will prevent me from getting a green card?BPC 7027.1(a) It is a misdemeanor for any person to advertise for construction or work of improvement covered by this chapter unless that person holds a valid license under this chapter in the classification so advertised, except that a licensed building or engineering contractor may advertise as a general contractor.(b) “Advertise,” as used in this section, includes, but not by way of limitation, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing of any sign or marking on or in any building or structure, or in any newspaper, magazine, or by airwave or any electronic transmission, or in any directory under a listing for construction or work of improvement covered by this chapter, with or without any limiting qualifications.(c) A violation of this section is punishable by a fine of not less than seven hundred dollars ($700) and not more than one thousand dollars ($1,000), which fine shall be in addition to any other punishment imposed for a violation of this section.
Immigration Lawyer: legalgems, Lawyer replied 3 months ago

I am familiar with the B&P code and since that does not provide for a maximum sentence of longer than one year it would fall within the petty offense exception.

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Customer reply replied 3 months ago
Which means?
Immigration Lawyer: legalgems, Lawyer replied 3 months ago

That typically it is not cited as a basis for denying the green card since it falls within the petty offense exception - for an analysis please see:

https://www.uscis.gov/sites/default/files/err/H2%20-%20Waiver%20of%20Inadmissibility%20-%20Criminal%20-%20212%20(h)/Decisions_Issued_in_2017/OCT132017_01H2212.pdf

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Customer reply replied 3 months ago
Thank you
Immigration Lawyer: legalgems, Lawyer replied 3 months ago

You are most welcome;

Here is a link to the state bar referral page:

http://www.calbar.ca.gov/Public/Need-Legal-Help/Lawyer-Referral-Service

If no further questions kindly rate 5 stars if you feel I have earned it. Thank you!

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Immigration Lawyer: legalgems, Lawyer replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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