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  • need reply asap

    Hello every one
    I have a friend who came to US and applied for asylum. He was granted asylum and later on applied for LPR. While his paper work was in progress he was charged with a Misdameanor first class and now Immigration wants to conduct an interview with him before they give him a green card.
    Will that Misdameanor first class hurt his case ??? is he deportable for that misdameanor.
    His interview is in less then a month.

  • #2
    Hello every one
    I have a friend who came to US and applied for asylum. He was granted asylum and later on applied for LPR. While his paper work was in progress he was charged with a Misdameanor first class and now Immigration wants to conduct an interview with him before they give him a green card.
    Will that Misdameanor first class hurt his case ??? is he deportable for that misdameanor.
    His interview is in less then a month.

    Comment


    • #3
      Your friend should consult with an attorney. Not all misdemeanors fall into the CIMT category, but some certainly do.
      Since your friend is dealing with very recent criminal conduct, and given the fact that AOS is a matter of discretion, it could be considered a negative factor even if it does not fall into the CIMT category. Your friend could not provide prove of rehabilitation, since the conviction is very recent, to eliminate the negative weight of the conviction itself.
      This is not legal advice, consult with a reputable attorney if you require legal help.

      Comment


      • #4
        The interview is related to his adjustment of status application. I concur that he should at least consult with an immigration attorney to find out the ramifications before he goes to the interiew. All I can add is that by no means should he choose not to disclose the information if asked about any convictions, charges etc in the interview. He doesn't have to volunteer information, but if asked, he should tell the truth.
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

        Comment


        • #5
          CIS has the capability to access the national crime database even at the port of entry. Just like most police officers do from their vehicles, CIS will query the database seeking indications of criminal activity including arrests and convictions.
          Since we don't know the statute of conviction, it would be hard to give you any clues as to the nature of the offense and its immigration consequences.
          This is not legal advice, and again, your friend should consult with an attorney.

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