Q: Way back in 2023 i do have a misdemeanor theft they put me on divertion program and the maximum sentence in Oregon.
maximum misdemeanor sentence in oregon is 364 days and based on my reading as long as its not a sentence of one year or longer i should be fine my question is im applying for my removal of condition for my greencard and recently USCIS just sent me rfe about the final court disposition is this gonna affect my appolcation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
When applying for the removal of conditions on your green card, USCIS reviews any criminal history, including misdemeanors. Since you were placed on a diversion program for your misdemeanor theft charge, the outcome and final court disposition are crucial to your application. USCIS wants to see that the case was resolved according to the court's orders, so providing the final court disposition is important.
The fact that the maximum sentence for misdemeanors in Oregon is 364 days works in your favor, as it falls just below the threshold that could potentially impact your immigration status. However, it's essential to respond to the Request for Evidence (RFE) promptly and accurately with the documentation requested.
As long as you comply with the RFE and there are no other disqualifying factors, this issue alone is unlikely to negatively impact your application. Keep in mind that each case is unique, so providing all required documents is key.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
