deportation and citizenship

[hazy101 0]

hello every one!!!

my english not that good but i will explain as much i can

i came to the USA in 2011 on a green card  and got in trubble with the law and  got convected and the offence i got convected in its fall in  petty offense exception my immigration court date for depotation  was 2016 now the move forward to 2018 during that time my lawyer asked my wife to file the i-130 for me now that got approved too now my lawyer want me to wait for my next hiring now my question is either my lawyer is just taking the money from me or i should able to file the n-400 while my case is still in the court my green card still valid untill 2021

please advice

[mcdull 474]

31 minutes ago, hazy101 said:

hello every one!!!

my english not that good but i will explain as much i can

i came to the USA in 2011 on a green card  and got in trubble with the law and  got convected and the offence i got convected in its fall in  petty offense exception my immigration court date for depotation  was 2016 now the move forward to 2018 during that time my lawyer asked my wife to file the i-130 for me now that got approved too now my lawyer want me to wait for my next hiring now my question is either my lawyer is just taking the money from me or i should able to file the n-400 while my case is still in the court my green card still valid untill 2021

please advice

Doesn't make any sense. Deporting a permanent resident with petty offence is extremely rare and since you said you can in 2011 with a green card, then why is your wife filing an i130 now?

[hazy101 0]

Yes I came in 2011 with the green card and got convicted and the immigration picked my case since then my case is in pending for deportation in the immigration court first my offense was CIMT catorgery then my immigration lawyer change my pled to lower crimi al charge and now I fall under petty offense expection but my case still pending untill 2018 the reason my lawyer told me that time when he try to change the ple he said if my wife file I-130 it may help and also he told me to file ayslum case too but the crazy part is my garden card its valid and immigration didn't take it yet or revoke it that where I'm confuse what should I do also my 5 year is about to complete this month my question is should I talk to another lawyer and should I b okay to file the n-400 with a pending immigration case for deportation , please guys help me in the right direction 

Edited September 11, 2017 by hazy101

[Going through 5,671]

34 minutes ago, hazy101 said:

Yes I came in 2011 with the green card and got convicted and the immigration picked my case since then my case is in pending for deportation in the immigration court first my offense was CIMT catorgery then my immigration lawyer change my pled to lower crimi al charge and now I fall under petty offense expection but my case still pending untill 2018 the reason my lawyer told me that time when he try to change the ple he said if my wife file I-130 it may help and also he told me to file ayslum case too but the crazy part is my garden card its valid and immigration didn't take it yet or revoke it that where I'm confuse what should I do also my 5 year is about to complete this month my question is should I talk to another lawyer and should I b okay to file the n-400 with a pending immigration case for deportation , please guys help me in the right direction 

What was the original charge?  That would explain why you were in deportation proceedings, before your lawyer pleaded you down.

Filing the N400 with a pending case for removal/deportation would certainly lead to a denial for citizenship.  

Since your case is pending until 2018, you really should not apply for the N400 before a final decision is made on the case...would be a huge waste of money, for one thing, and second it wouldn't get approved since the case is still open.

[hazy101 0]

I was convcted for aggravated assault and that was under CIMT

but now I change my pled to lower now it fall in under petty offense exception

 it still I'm in removal proceeding 

Edited September 11, 2017 by hazy101

[Going through 5,671]

Just now, hazy101 said:

I was convcted for aggravated assault felony 4

You are very fortunate that your lawyer was able to plead you down.

Since your case is still pending, you would have to wait until it's over before applying for the N400 if you want a higher chance for approval.

[hazy101 0]

Sorry my English not good , yes he did but why I'm still in th court and why he filled the asylum case for me n also I-130 if now imnot in th CIMT

nd plus my court date for the asylum was this year and the court post u till next year and I don't understand why he not fighting my current green card case 

Edited September 11, 2017 by hazy101

[Roel 7,193]

I think you should just keep talking to your lawyer. Your case might be too much for the diy forum. 

[Going through 5,671]

57 minutes ago, hazy101 said:

Sorry my English not good , yes he did but why I'm still in th court and why he filled the asylum case for me n also I-130 if now imnot in th CIMT

nd plus my court date for the asylum was this year and the court post u till next year and I don't understand why he not fighting my current green card case 

Just because it was pleaded down does not mean that you are not still charged with a CIMT.  It would depend on what your charge is officially now.  So it could still fall under a CIMT offense depending on the case---What is your official charge now?

 

Do you have a court date?  

 

He cannot "fight" your green card case until he sees what happens with your pending court case---it would be like putting the cart before the horse, as they say.  You need to keep listening to your lawyer, or if you don't like what he is saying then get a second opinion from another lawyer.

Edited September 11, 2017 by Going through

[hazy101 0]

It's now attempted aggravated assual and he told me I do fall under petty but he pose to do that in 2015 bc that time the immigration judge deny it and that's why I think he filed asylum and I-130 and my court date for asylum is in April 2018 and also I-130 is approved and he told me he will fill I-485 on the court date 

and I asked him how if my current green card get expire he said don't worry they will renew it even if immigration can't make any disition on it  case,

[Going through 5,671]

7 minutes ago, hazy101 said:

It's now attempted aggravated assual and he told me I do fall under petty but he pose to do that in 2015 bc that time the immigration judge deny it and that's why I think he filed asylum and I-130 and my court date for asylum is in April 2018 and also I-130 is approved and he told me he will fill I-485 on the court date 

and I asked him how if my current green card get expire he said don't worry they will renew it even if immigration can't make any disition on it  case,

If your green card expires, don't worry---your green card expiring does not mean that your legal status expires.  It's just the card itself expiring, and you can renew it if you decide not to apply for naturalization, or if your naturalization is denied.

 

 

Edited September 11, 2017 by Going through

[hazy101 0]

How if I already got the criminal record 

[Going through 5,671]

3 minutes ago, hazy101 said:

How if I already got the criminal record 

Because the criteria of renewing your green card is quite different than the criteria of being approved for citizenship.

People with criminal records are approved for green cards at a much higher rate than citizenship.

Plus you are just renewing the green card---so you are even more safer with getting it renewed rather than if you were applying for one the very first time.

Edited September 11, 2017 by Going through

[hazy101 0]

Yes but I'm already in the deportation too 

[Going through 5,671]

5 minutes ago, hazy101 said:

Yes but I'm already in the deportation too 

Again---that case has not been decided yet.

That's why I said your lawyer cannot "fight" for your green card until the judge makes his ruling.  You do have to wait for that ruling before you know what the next steps are for you to move forward.

 

It's possible the judge rules in your favor, too.

 

I'm sure your lawyer has gone through with you what your possible next steps would be should the judge NOT rule in your favor?

Edited September 11, 2017 by Going through