Legal Question in Immigration Law in New York

applying green card with conditional discharge

Subject: consultation

Dear sir

Good Morning.

with get respect , i want to ask a question about myself before applying green card through marriage.

i was arrest and charge with 120.00 , in 2001 . but later i convince judge that i was not involve in my friends fight, i was just trying to stop them.and at that moment my attorney told me that judge is agree to dismiss the case on condition, and there will be no criminal record .

here is the case disposition information :

pled guilty & sentence imposed

pg 110-120.00

conditional discharge= 1y

order of protection = 1y

and i paid surcharge $ 120

can you please tell me , in above condition do i have a criminal record or not?

attorney told me that your record remove automatically after 3 years.

if its not ..what is the best way to remove this arrest from my record

and how much it cost...?

your answer will be highly appreciate

thanks

--name removed--


Asked on 8/19/08, 7:31 am

1 Answer from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

Re: applying green card with conditional discharge

You will still have to tell immigration that you have been arrested and present them with the court disposition, even if for other purposes your record is clear. From your post, I am not exactly clear what crime you pled guilty to, so I cannot determine your eligibility to file your green card petition. You should definitely contact an immigration lawyer prior to filing your petition.

Feel free to contact my office directly to discuss your eligibility in further detail.

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Answered on 8/19/08, 8:21 am


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