Inadmissability for LPR

[davelorentzen 0]

My son came here in 2000 as a toursit with me and I married in 2002 and we all got green cards through my US wife;

In 2008 my son committed a crime of petty larceny a misdemeanor;

He got 3 years probation and community service;

He violated probation and got sentanced to a year of weekends in jail..not a year sentance in jail but a year of weekends - 96 days;

Now although I do not think he is deportable as it happened 8 years after entry into the USa thus avoidingthe within 5 years of admission rule, and although a crime of moral turpitude he was not sentanced to a year or more so no aggrevated Felony either;

question is - although he is a LPR here and never left the USA can ICs say he is INADMISSABLE although he is not applying to enter the USA...can they try to deport him because they say he is now inadmissable?

If so would I file a I 601 now or wait until I see if they serve him a notice to appear?

[Rebecca Jo 1,962]

IC's? Immigration court?

If your son isn't entering the US, then he can't be 'inadmissable'. He might well be 'deportable'. Any alien can be subject to deportation. Only citizens cannot be deported.

Your question is confusing to me. There's no waiver process available to him if he goes before an IJ on an order of removal.

Here is some helpful information for you. And I would suggest you ask these questions of a competent immigration attorney, (even though loads of us around here mean well).

http://www.uscis.gov/files/article/JointFactsheet080806.pdf

Here's some plain language help also (I don't work for this cat nor do I have a clue who he is. He just makes sense and that's all.)

http://blog.immigration-america.com/archives/65

Edited October 15, 2010 by JohnnyQuest

[Used to be broken 147]

He violated probation and got sentanced to a year of weekends in jail..not a year sentance in jail but a year of weekends - 96 days;

Now although I do not think he is deportable as it happened 8 years after entry into the USa thus avoidingthe within 5 years of admission rule, and although a crime of moral turpitude he was not sentanced to a year or more so no aggrevated Felony either;

question is - although he is a LPR here and never left the USA can ICs say he is INADMISSABLE although he is not applying to enter the USA...can they try to deport him because they say he is now inadmissable?

If so would I file a I 601 now or wait until I see if they serve him a notice to appear?

Is the reason you are asking at this time general parental concern or related to an immigration proceeding ie: naturalization? Or has he been picked up by ICE or something? Or because of the parole violation and subsequent sentence?

This is a pretty gray area even for some seasoned immigration practitioners. It might be worth it to spend the buck and find out what the consequences of him getting picked up again on a traffic violation in a "secure community" or what would happen if he applied for citizenship.

In answer to the question of when you can file the I601 , its not needed yet and won't be until after the US Government takes some action against him.