green card holder with criminal record

[alibali1 0]

hey every one sorry for my broken english i try my best to explain my worst situation

i came in 2011 on green card and 2012 i got convicted for crime and got plead guilty and immigration put me in the deportation for CMIT or CMT Or Crime of Moral Turpitude

and in 2012 my wife came she also a green card holder but no criminal record so she filled i-130 for me and it got approved in 2014 and then have to wait for the visa number to be current or priority date need to be current last year my visa number become available and filed 1-485 and did my finger prints 

and i have one daughter she is a us citizen 

my question is will i get the new green card though i-485 or they not going to give me no new green card or they wil deport me 

thank you very much every one 

[Ben&Zian 4,398]

Are you currently under deportation order?

 

I have a feeling that this will get denied because you had a chance once and commited a CMT.

 

You may be able to get a waiver but if already waiting deportation I doubt it.

 

As for if it makes any difference that your wife is only an LPR and not a US citizen, I am not sure if that matters though.

 

Highly doubt though you will get a new green card if under deportation orders.

Edited February 13, 2017 by Ben&Zian

[alibali1 0]

basically mean there is no luck that what you mean?

[f f 725]

how have you been maintaining legal status since overstay is only forgiven for immediate relatives of usc not lpr. and they can deny your i485 if you are out of status.

[Boiler 45,931]

What is your current status?

[Pinkrlion 2,724]

You will be denied for cmt and u r not eligible for 212.  U need a lawyer.

[alibali1 0]

1

my card is valid untill 2021i have parents who are us citizen and also my dughter is also us citizen an my sibling too 

 

2- my current status is LPR until 2021 and plus im on deportaion b/c of CMT and Also waiting for my 1-485

 

3- some one told me you dont need the waiver at all

 

thank you guys for replying me

 

 

[Boiler 45,931]

If you are a LPR why is your spouse petitioning you to be one?

 

Must be a lawyer involved, what does the lawyer say.?

[alibali1 0]

If you are a LPR why is your spouse petitioning you to be one? yes im LPR with CMT Deportaion any day they will though me out of the country . i bring my wife here and she become a green card holder because of me and my lawyer  told us if she file for me you b okay but i never heard it before 

 

Must be a lawyer involved, what does the lawyer say.? yes he is and thats what the lawyer say but you know some time they just want you to do thing so they can make some money out of you

 

[aaron2020 11,651]

What country are you from?  If you are from a country where the US can deport you back to, then you will be deported with zero chances of coming back for a CIMT.

 

Is the deportation final?

 

Are you out on a Suspension of Removal and have to check in every 6 or 12 months?

 

Your wife's petition for you will be denied.  Even a USC can not petition for a spouse once removal proceedings have started.

 

Get a new lawyer. 

Edited February 13, 2017 by aaron2020

[alibali1 0]

im from India,  

 

no my lawyer still fight for that , and also he filed ayslum for me too 

 

Are you out on a Suspension of Removal and have to check in every 6 or 12 months? no

 

Your wife's petition for you will be denied? i understand this but also they approved my i-130 and got my finger prints for i-485 

 

Get a new lawyer. 

 

[alibali1 0]

what this law mean ?

212(h) Waiver with re-adjustment in removal proceedings.

It is possible for a green card holder who wants to re-adjust (apply for a new green card) in removal proceedings with pending deportability charges, to also apply for a 212(h) waiver at the same time as applying for a new green card.

To be successful with a 212(h) waiver, must show that either

1. the criminal activities the immigrant was convicted of happened more than 15 years before their application for adjustment of status (the green card process in the US) and approving the case would not be contrary to national welfare, safety or security, and that the person has been rehabilitated; OR
2. the immigrant is the spouse, parent, son or daughter of a US citizen or permanent resident, that qualifying relative would suffer extreme hardship if the immigrant’s admission into the US was denied (i.e., the waiver case was denied); OR
3. if waiving prostitution ground, prostitution must be sole basis of inadmissability, the immigrant has been rehabilitated, and approving the case would not be contrary to national welfare, safety or security

Additional requirements for green card holders: 

4. has lawfully resided in the United States for at least  7 years before removal proceedings were initiated and 

5. not been convicted of an aggravated felony since becoming an green card holder (with special exceptions – consult a lawyer!).

[Boiler 45,931]

You need a new lawyer.

[f f 725]

an asylum claim also? with that it would seem the lawyer is trying to file for every thing. and filing frivolous claims may hurt your credibility.

[alibali1 0]

yes bc he pormise me that you wife can get your the new card and i really dont understand how that will work where as i got a CMIT already