Multiple Misdemeanors

[MamaAsiya 8]

Hi Again,

An immigration attorney told me that there is a statute (?) giving a judge the option to allow someone with a single misdemeanor to remain in the U.S. However, multiple misdeamenors require the immigrant to be deported. Anyone familiar with this?

Thanks again,

Mama Asiya

[Penguin_ie 5,996]

Not necessarily true that someone with multiple missdemeanors gets deported (assuming they are here legally to start with). It would depend on the nature and severity of the crimes.

[JimVaPhuong 4,863]

Hi Again,

An immigration attorney told me that there is a statute (?) giving a judge the option to allow someone with a single misdemeanor to remain in the U.S. However, multiple misdeamenors require the immigrant to be deported. Anyone familiar with this?

Thanks again,

Mama Asiya

Be more specific. What exactly are the misdemeanors?

[MamaAsiya 8]

He has one, spousal battery. But, it is inevitable he will run into trouble. His green card is expired so he can't work - which means he's floating around homeless. He's been brought in a few times but not charged with anything. The attorney made it sound like only one misdemeanor is excusable, regardless of the type of offense. That didn't sound right to me...

[Brother Hesekiel 2,236]

His green card is expired so he can't work - which means he's floating around homeless.

Don't know which country you are referring to, but it's not the case in the USA.

A lawful permanent resident is an LPR even if his Green Card is expired, for the same reason that a US citizen is still a US citizen if his passport is expired. The expiration of the document does not terminate the legal status.

If a LPR applies for a job, he'll have to state that he's authorized to seek employment in the US, and then he has to fill out the I-9 form. A state-issued driver's license and an unrestricted SS card would satisfy the requirements of LIST A (identity) and LIST B (authorization to work). No Green Card needed.

[VanessaTony 3,567]

Don't know which country you are referring to, but it's not the case in the USA.

A lawful permanent resident is an LPR even if his Green Card is expired, for the same reason that a US citizen is still a US citizen if his passport is expired. The expiration of the document does not terminate the legal status.

If a LPR applies for a job, he'll have to state that he's authorized to seek employment in the US, and then he has to fill out the I-9 form. A state-issued driver's license and an unrestricted SS card would satisfy the requirements of LIST A (identity) and LIST B (authorization to work). No Green Card needed.

He had a 2 year card, so his status is revoked after the expiration... is what we've always been told/read here. If it was a 10 year card no problem.

Edited May 27, 2011 by Vanessa&Tony

[JimVaPhuong 4,863]

He has one, spousal battery. But, it is inevitable he will run into trouble. His green card is expired so he can't work - which means he's floating around homeless. He's been brought in a few times but not charged with anything. The attorney made it sound like only one misdemeanor is excusable, regardless of the type of offense. That didn't sound right to me...

Was he a conditional permanent resident, with a 2 year green card?

[VanessaTony 3,567]

Was he a conditional permanent resident, with a 2 year green card?

I know you replied in the other thread so you know but for other people as well... here is the OP's other thread: http://www.visajourney.com/forums/topic/311874-roc-denied/ her ex-husband has a 2 year card and failed to file ROC before the deadline. His card is expired.