Q: Resident Alien/Green Card for 23 years. Would conviction of small misdemeanor (1st offense) affect travel&return abroad?
Travel necessitated by family emergency in home country (Germany). Guilty plea with hope to scale down misdemeanor 4 to a level 1 or 2. Concerned about type of sentencing (probation? jail?) and its affect on ability to re-enter the US after 6week stay abroad. If court furnishes documents and allows for leave, would border immigration have authority to deny or deport?
A: Ok. First off, a fourth degree misdemeanor is a less serious offense than a first or second, so you don't want to change an M4 to an M1 or M2. That's moving in the wrong direction. Second, you need to be working with a lawyer here. Any criminal entanglement can be a problem with immigration, certainly if it is not yet resolved. Most misdemeanor convictions will not cause trouble, but if there was any violence or stealing involved, you need to keep a careful eye on the outcome. Third, if you must travel before the case is resolved, get written permission from the court indicating what is going on. That should save you a lot of trouble at the border.
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