Wednesday, July 21, 2010

I need your opinion , i want to renew my green card?

About 5 years ago,had a crontrolling boyfriend that use drugs and got me in to it, basically used me, i had a good job, money, and a car, never got in in touble with the law,untill 5 years ago when i met him i got DUI and Pos. of crontrolled subs. All this happend with in a year. Went to jail, realized that i was screwing up. Left him and move out of town to get my life back together.I am now married had a baby and a nice decent job. Paid all the court bills got my licensed back. My Questions is do a have a chance to get deported now that my green cards is exp.2008.

I need your opinion , i want to renew my green card?
You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.





You may be found to have abandoned your permanent resident status if you:


- - Move to another country intending to live there permanently.


- - Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.


- - Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.


- - Fail to file income tax returns while living outside of the US for any period.


- - Declare yourself a “nonimmigrant” on your tax returns.





Basically, Item 237 of the Act indicates the conditions that may be sufficient cause to have your PR status revoked. These include:


GENERAL CRIMES . . .


- - - CRIMES OF MORAL TURPITUDE (Any alien who is convicted of a crime involving moral turpitude committed within five years - or 10 years in the case of an alien provided lawful permanent resident status under section 245(j) - after the date of admission, and is convicted of a crime for which a sentence of one year or longer may be imposed.)


- - - MULTIPLE CRIMINAL CONVICTIONS (Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefore and regardless of whether the convictions were in a single trial, is deportable.)


- - - AGGRAVATED FELONY (Any alien who is convicted of an aggravated felony at any time after admission is deportable.)


- - - HIGH SPEED FLIGHT (Any alien who is convicted of a violation of section 758 of title 18, United States Code - relating to high speed flight from an immigration checkpoint - is deportable.)





CONTROLLED SUBSTANCES . . .


- - - CONVICTION (Any alien who at any time after admission has been convicted of a violation of - or a conspiracy or attempt to violate - any law or regulation of a State, the United States, or a foreign country relating to a controlled substance - as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) - other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable.)


- - - DRUG ABUSERS AND ADDICTS (Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.)





CERTAIN FIREARM OFFENSES . . . (Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device - as defined in section 921(a) of title 18, United States Code - in violation of any law is deportable.)





... there's more, but one of the important ones for your case is the "Controlled Substances" condition. Since you were convicted, there is reason for the government to refuse to renew your permanent residency status. It doesn't mean that they WILL refuse to do so, but that they CAN.





Good luck.
Reply:depends on the nature of the crime and the sentence imposed. immigration have several guidelines where "if" you fall under one of their violations, you are eligible to be deported/removed. based on what you wrote, it's hard to tell. all i can say is, if you were SENTENCED for 365 days or more (regardless if its jail time, weekend time, probation, community service, etc.), you fall under the "aggravated felony" category, which is the harshest violation immigration can slap you with. another category is "crimes of moral turpitude," which is similar to aggravated felony but unlike aggravated felony... you have options that you can apply for against your "crimes of moral turpitude." in other words, you have options where you can "waive" against your immigration violation.





so, to answer your question truthfully... yes, you do have a chance.
Reply:It doesnt matter how good of a person you are, if you are not a citizen and your green card is up, you better renew it, or move back home.
Reply:No. You will not get deported. An expired Green Card doesn't mean you are illegal now. It just simply means you need to renew it that's all. You just might have trouble getting a job or being let back in to the U.S. if you travel but other than that you are fine. Mine expired and I have to go renew it too. If you're going to apply for citizenship they might deny you for lack of "good moral character", but if you show them that you have turned your life around and you have been good for at least 5 years everything should be fine. Good luck to you :-)
Reply:Yes, you do have a chance of deportation. Good luck.


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