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I'm being charged with theft, can I still apply for Permanent residency?
Anonymous3 views1 answers
I'm here on a student visa, which will expire in Aug. and I've been here for 5 years. I'm married to a US citizen (Nov 09 will be 2 years) and we have a daughter together. We were just about to file for permanent residency, but found out that I've been indicted for theft (Federal offense). Should we go ahead and file, because I know the fees are non-refundable, and USCIS will conduct a background check, and I was fingerprinted by the FBI.
Can I plead guilty to get probation? Or will this be consequential and lead to deportation?
My lawyer doesn't know much about immigration laws, and it's basically up to me to find out how consequential this will be for me. Any advice will be highly appreciated!
Paschal Obinnaya Nwokocha
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on May 9, 2009
Pleading to criminal charges can have huge consequences on your immigration matter. Your question does not offer much details of the criminal case against you. You should take all the criminal documents to an immigration attorney in your area for consultation. There are immigration lawyers in your area with expertise on this. Visit www.aila.org, it is the premier immigration lawyers organization in the U.S. On their website, you can search for attorney based on location and area of practice. I don't think you should file your greencard application or even plead to the charges until a competent immigration lawyer has reviewed the records. Not only should you be concerned about the denial of your residency application, a conviction may also result in deportation notwithstanding you marriage to a US citizen, a US. citizen daughter and 5 year presence in the U.S..
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