Legal Question in Immigration Law in New York

No legal resident with Misdemenor convition

I have apply for green card through my wife who is a citizen. However I have a misdemenor conviction for using fraudulent ducoment. Would that prevent me from getting a green card?


Asked on 6/01/02, 12:07 am

1 Answer from Attorneys

Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: No legal resident with Misdemenor convition

The misdemeanor conviction for use of a fraudulent document, if a class A misdemeanor, would render you inadmissable from the US and would result in the denial of your adjustment of status application because it is a crime of moral turpitude. There is a waiver available if you can demonstrate extreme hardship to your US citizen spouse.

If the conviction is a class B misdemeanor or lower, this conviction would be within the petty offense exception and would not result in the denial of your adjustment of status application so long as it is your only conviction.

You should definitely not proceed with your immigration case without a competent immigration lawyer to represent you.

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Answered on 6/01/02, 12:21 am


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