Legal Question in Immigration Law in New York

Applied for perm. Status but under a pre-trial for 7 charges

My husband applied for adjustment status for green card on 5/19 but he's having a pre-trial for 7 charges against him. 2 misdemeanors, 2 assults, 1 weapon of 4th degree, 2 harrassments. It's been going on since last year 2002 May. The lawyer is trying to reduce charges with no record. If convicted, the advice was he will go to jail for 1 year and may be get deported. Is that true? Did i make a big mistake to send the application with saying yes on the arrested box? I heard that if I don't apply on time, he may be deported for not applying on time. I am a US citizen and I can't live w/o him. Plse give me a advice on how to clean this mess? Is there any way to show that I can't live w/o him. Our life is miserable enough with the trial itself.

What's the worst outcome or affect the status if the prosecution prolongs?


Asked on 6/17/03, 12:51 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Applied for perm. Status but under a pre-trial for 7 charges

This is a difficult situation, but please believe me: you did the right thing. All is not lost on the INS application. However, had you denied the charges it would have been an instant deportation. You did the right thing and because of that your husband's chances are still alive. You are welcome to a consultation at no fee at my offices at 42 West 44th St. Please call for an appointment first (646) 591-5786.

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Answered on 6/18/03, 12:00 am
Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: Applied for perm. Status but under a pre-trial for 7 charges

It is a very difficult situation.

A felony conviction is ground for deportation. By and large stae law determines whether the crime is considered a conviction or didemeanor. Your criminal attorney should work closely with immigration counsel to reduce the charges by bargaining down the plea, making sure the accepted plea does not constitute ground for deportation.

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Answered on 6/18/03, 10:43 am


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