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Can attempting to renew an expired green card when you have a aggravated felony flag you for deporation?

Business 6 views 3 answers
long story short my husband was 17 when he pleaded guilty, and was convicated with only 2 yrs probation and comm service no jail(1997). He wad denied citizenship for poor moral charachter in 2002(3), He needs to renew his green card but is afraid it will flag deportation. Wouldnt they have done so when they denied him if they found it to be something then?? aggrevated assault battery against a police officer.. (my husband sprayed him with mace only no actualy contact) he was not given jail time only 2 years probation and community service.

Attorney Answers

3
Naima Said ·
What was he convicted of? Some offenses are aggravated felonies because of the nature of the crime. Others are aggravated felonies because of the length of the sentence. In some cases, if there was ineffective assistance of counsel or some other constitutional ground, your husband could reopen his criminal proceedings in some sort of post conviction relief to correct his criminal record. See an experienced immigration attorney and an experienced criminal law attorney to work together to resolve this matter for your husband. Also, some offenses are removable offenses while others are inadmissible offenses. The conviction took place 13 years ago. If the offense if not an agfel, there is room to argue rehabilitation and good moral character. Again, wthout details on the offense, conviction and sentence, this is a shot in the dark. The short answer to your question is yes, - anyone with a criminal history is likely to be flagged when they apply for renewal of their green card.
0 upvotes
Alan Brinkmeier ·
A person with a criminal history is likely to be "flagged" when renewing a green card. Then the details of the criminal history are researched to determine severity. If the criminal history is severe enough, the individual may be placed for deportation.
0 upvotes

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