Legal Question in Immigration Law in California

Im a permanent resident I was charged with domestic violence back in 2007 and didn't finish my classes so they put a warrant for my arrest and in the beginning of this year I turned my self in to take care of the warrant I was sentenced to 1 year in jail but I was released early so now I wanna get a job but I lost my green card and my ss# so if I wanna apply for new one would that be a problem. Ps I recently applied for an expungement on those charges. Plus that was in Los Angeles and now I live in sanbernardino also I'm still legally married to that person but we are separated now will it be wise to ask for a divorce now?


Asked on 7/13/12, 11:34 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

If your U.S. permanent residency was revoked, you would have to re-apply, assuming you had an underlying benefit that you were eligible for. However, based on your criminal history, an adjustment of status application could be denied at this time. Furthermore, since you are now out of status, having "lost your greencard", it is surprising that you have not been placed in Removal proceedings.

I do not see that you have any eligibility to obtain a new SS# at this time.

Divorcing your estranged spouse would have no effect on your immigration status, since you appear to currently have no status.

I would highly recommend that you speak with an Immigration Attorney in your area who deals with Criminal Immigration issues & Removal, as well as a Family Law Attorney.

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Answered on 7/15/12, 8:00 am


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