Clover, SC asked in Immigration Law for South Carolina

Q: Failed sled operation and renewing green card

I failed a sled operation by selling alcohol to a minor in 2015 I was not put in jail I was only fined and attended an alcohol awareness course .I am supposed to renew my green card next year. two months ago I did receive the paperwork that my record has been expunged will I be okay when renewing my application for my green card

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1 Lawyer Answer
Allen C. Ladd
Allen C. Ladd
PREMIUM
Answered
  • Immigration Law Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: I'm going to assume you were convicted because you say you paid a fine -- that is, a punishment which means there had to be a guilty plea or judge's finding of guilt, that is a conviction.

Either way, with a conviction for selling alcohol to a minor -- what is termed a "crime involving moral turpitude" -- I believe you will be OK on your green card renewal as long as the maximum possible jail time for the crime is UNDER 1 year jail time. (Yes, I know you did not do jail time.) This is according to what is called the "petty offense exception" under section 237 of the Immigration and Nationality Act.

If any questions, you should consult with an immigration lawyer.

By the way, expungement is of no effect for US immigration purposes. A conviction remains a conviction, forever.

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