Can I get my green card with a Misdemeanor? 1 Answers as of May 27, 2011

I have a misdemeanor battery charge on my record, plus a criminal and personal Restraining order plus an warrant out for me because i was deported before i could do any of my 3 years probation, My wife and son are U.S. citizens and she's pregnant again with our 2nd child, they come to see me every other weekend, because i was deported she is now on government assistance. I know if I get my green card, i would have work and support our family, but my wife says that they probably wouldn't give me my green card because of my record. Immigration also gave me a 10 year punishment cause I was in California illegally.

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World Esquire Law Firm | Aime Katambwe
Without knowing much about your case, I would say this: if you only came to the US the one time and stayed until you were removed, then your 10-year bar can be shortened with an I-212 waiver. This is all the more true if the battery charge was not against your or a child and all your criminal history is the product of the one incident. The warrant concerns me since it will pop-up every time that your biographical information is accessed by law enforcement and other appropriate government agencies. The warrant will eventually be purged but still, I suggest you get a hold of your probation officer and explain your predicament. I am not sure it will help but it is something to consider since you are not here in the US to take care of it yourself. Good luck!
Answer Applies to: California
Replied: 5/27/2011
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