Q: Can green card interview succeed with open criminal case?
I was notified that my marriage-based green card interview has been scheduled next month. I have an open criminal case with an accepted repleader deal: “harassment” violation to be reduced to “disorderly conduct” in early 2020. There was originally an assault misdemeanor but this was dropped.
Can the green card be approved with this matter still technically unresolved (before the 2020 date)? Is the petition at risk of denial?
A: You have no chance of being approved for a Green Card under these facts. You really need to retain an experienced criminal and immigration attorney immediately or face deportation and possibly incarceration.
A: Only certain criminal convictions will render an immigrant inadmissible. Its unclear whether this one would as it is unresolved. The good news is that a waiver of inadmissibility may be available, if the hearing officers decides against you. Discuss with counsel about the full facts of the arrest, etc so an opinion and an effective strategy can be pursued.
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