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  • Misdemeanor

    My husband is about to file for me but I recently got a ticket for driving without a license (which is a misdemeanor). I'm suppose to got to court for it in July. My husband said all I have to do is plead no contest and pay the fine but my immigration lawyer said that if plead no contest or guilty it will affect my immigration case. Oh the icing on the cake is I called the court and they said that no matter what I plea that I will have a record saying that I was charged with driving without a license. I need HELP from someone who has been through any anything like this,PLEASEEEEEEE.

  • #2
    My husband is about to file for me but I recently got a ticket for driving without a license (which is a misdemeanor). I'm suppose to got to court for it in July. My husband said all I have to do is plead no contest and pay the fine but my immigration lawyer said that if plead no contest or guilty it will affect my immigration case. Oh the icing on the cake is I called the court and they said that no matter what I plea that I will have a record saying that I was charged with driving without a license. I need HELP from someone who has been through any anything like this,PLEASEEEEEEE.

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    • #3
      I haven't been through something like that but I do know that your immigration lawyer is right...it could affect your case. Having said that, in general 2 or more misdemeanors can cause one to loose or not obtain PR.

      It gets more complicated because if the maximum sentence you could have received (even if a plea bargain with no sentence or time served) is more than 12 months, a single misdemeanor could make you inadmissible also.

      Be careful with a plea bargain. It doesn't mean a thing to the USCIS. The original crime is still taken into account as if the plea bargain never happened. The same thing with sealed or expunged records of an old crime.

      lawcollective.org
      "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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      • #4
        ...you didn't realize that driving without a license is against the law?

        Of course, like all illegals, you don't care what the law says!

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        • #5
          I see we have another psychic in here Who said anything about illegal? You have a one-track mind DevilDoll.
          "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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          • #6
            Well, if she wasn't illegal, she would have been able to get a driver license.

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            • #7
              How do you know that? She could have had her license suspended. It happens to perfectly legal people also.
              "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by TessT:
                My husband is about to file for me but I recently got a ticket for driving without a license (which is a misdemeanor). I'm suppose to got to court for it in July. My husband said all I have to do is plead no contest and pay the fine but my immigration lawyer said that if plead no contest or guilty it will affect my immigration case. Oh the icing on the cake is I called the court and they said that no matter what I plea that I will have a record saying that I was charged with driving without a license. I need HELP from someone who has been through any anything like this,PLEASEEEEEEE. </div></BLOCKQUOTE>

                I think you lie. Because no lawyer aware of immigration law could say such a thing to you. Even a third grader can read in adjustment application that traffic offences are specifically excluded from a list of "crimes" that affect residency application (with the exception of manslaughter or other serious things that happen due to drivers reckless negligence, DWI and etc).

                You need to stop lying or make up more believable story so you can fool us better next time.
                http://www.anbsoft.com/images/usflag_med.jpg

                "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

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                • #9
                  I have a valid NY drivers permit. I took the road test and failed, it is pure procastination on my part and not owning a car for not just taking it again. I ask my lawyer this week about the court case and she told me when i go to court to ask prosecutor to down grade it to an infraction. I don't have to lie, I came here to ask for advice.

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                  • #10
                    Downgrading it would help but it is true that in general traffic offenses don't normally count against you for PR purposes.
                    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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                    • #11
                      This will not affect your immigration status, it is neither a crime involving moral turpitude, nor an aggravated felony, nor any of the other crimes that make an alien removable. Consult another attorney, your attorney seems to be making a serious error. Is he the same attorney who wants to take your case to trial? What state is this in? Are you sure it is not an infraction? Is there a previous conviction that ***ped this up to a misdemeanor?

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                      • #12
                        Recently, a Haitian man convicted of several DUI’s was awarded a Green Card.

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                        • #13
                          notice how the OP, no doubt a visa cheat, is suddenly concerned that her action of thumbing her goat-tur.d stained nose at our laws might cause her and her trailerpark hubby some difficulties rectifying her status (about to file papers-- suggests she is a lowlife visa cheat)...none of these illegal slimebalz ever give a nanosecond of thought to our laws until they are caught doing something wrong, then, they bleat like sheep.....well sorry, but no one who is a true patriot gives a rat's phart about your situation....so crawl back under the trailer and wait for the cops.....

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