Legal Question in Immigration Law in California

Misdemeanor CMT - EB Green Card

Sequence of events: F1 - Misdemeanor in 2001 (crime of moral turpitude), no jail time, community service + probation - F1 OPT - Criminal records expunged in Sept 2003 - H1B status starting in Dec '03.

I am planning to start the process for Employment Based GC sometime next year. My questions are: 1) at which stage of process I will have to face this issue? 2) What will happen, do I have chance of getting GC? 3)What will I need to do/have to go through that time clarify/justify the matter to BCIS? 4) Is there anything I can do right now and ongoing basis (e.g. collect character letters/certificates, serve community etc.)as a preparation to increase my chances when this issue comes up? 5) Or, I should wait for few years, let the matter become about 5 years old and then start the GC process?

Any and all help is deeply appreciated. Thanks.


Asked on 10/28/03, 7:36 pm

3 Answers from Attorneys
Reza Bavar PISHVAEE & BAVAR

Re: Misdemeanor CMT - EB Green Card

If you already have you H1-B then you should apply for your green card. . . it's going to be a difficult process since you have a criminal record. I would strongly suggest that you get an attorney to assist you with this matter.

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Answered on 10/29/03, 12:24 pm
Larry L. Doan Law Office of Larry L. Doan

Re: Misdemeanor CMT - EB Green Card

Without knowing what the crime was, it's difficult to make a prediction. Some crimes, such as drugs and firearms, are not waivable. It also depends on whether the crime is the type that's always a misdemeanor in California, or a "wobbler", that is, a felony-misdemeanor (more than 1 year prison sentence max) that was charged downward.

The five-year limit you're citing is a ground of deportation that the CIS (INS) could charge you with. The CIS could instead charge you with a ground of inadmissibility which doesn't have that time limit unless you were under 18 when you committed the crime.

This will be an issue way down the road at your final adjustment of status interview. In my experience, the CIS in the past usually approved the case of only one crime of moral turpitude that's a misdemeanor. Lately, with the tougher environment, it might change.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is

not legal advice. Such advice can only be rendered after an

attorney-client relationship has been expressly established.

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Answered on 11/01/03, 1:04 am
Amy Ghosh Law Offices of Amy Ghosh

Re: Misdemeanor CMT - EB Green Card

Do not wait for the GC...because if PERM regulatio does not come in it will be a while to go through the Labor Cert process. You CMT will be an issue at the time of adjustment after your labor cert is approved and you have filed for I-140 and I-485.

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Answered on 10/28/03, 10:19 pm


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