Will I be able to get a resident card if I was convicted of crime? 4 Answers as of June 07, 2011I entered the U.S. with a tourist visa when I was 18 and stayed for 5 months then I came back and stayed in Texas for 5 months but the thrid time I visited the U.S. I never came back to my country (Mexico) and I have been here for the last 3 years. Little more than a year ago I was arrested for shoplifting and went to jail, they took my fingerprints and photos but I was released 2 days later without any citation to appear in court or bond required so I guess the grocery store dropped the charges against me. I have been with my girlfriend for the last 7 months and we want to get married and continue living in U.S. I went to the website of the county I was arrested (Fulton County in GA) and looked for my name but I couldn't find myself in the inmate search section. So far this arrest is the only problem I have gotten into and if is not for this my record would be totally clean even from driving violations. So my concern is about what are my chances that I can possibly not being in the jail system and if I'm how this can affect my possibilities of getting my permanent resident card? I have plenty of friends, most of them graduated from university that can testify I'm a decent person and I can tell that I committed that mistake while being in a very bad situation of almost a month without money, job, a house and being too proud to ask for help, but I don't know how much this information can help me.
Feldman Feldman & Associates, PC | Lynne Feldman
If your girl friend is a U.S. citizen and you get married I do not see a problem getting your green card. We will have to disclose the arrest and get the police report to include but your legal entry and marriage will be sufficient to overcome the overstay and even any working without authorization. This assumes you have not left the country and returned after accumulating out-of-status time, no other criminal matters, and your girl friend is a U.S. citizen. We would be happy to assess his case, advise more specifics on the procedures, timing and fees if you want to set up a consultation (in person or by phone) with me as indicated below. We do charge for consultation but the consultation fee is then credited 100% toward the fees for your case. If you are close to getting married I would be happy to send you the document list and fees to process your green card.
Answer Applies to: California
World Esquire Law Firm | Aime Katambwe
If your girlfriend is a USC, I think you will be able to adjust your status and become a resident when you guys get married. I will only caution you not to do this yourself. While it may look easy to me, it may not be as easy for a layperson to file for themselves if they have already been introduced to the criminal system. Find competent counsel in GA or anywhere in the US and let them do this for you. You should be a LPR very soon. Good luck!
Answer Applies to: California
Fong & Associates | William D. Fong
The arrest should not be a problem if there was no conviction or if the charges were dropped, but you will need to prove that up. You need to get married and have your wife file for you to get your green card. Your long-term overstay and unauthorized employment will be forgiven under INA section 245(a). You should file immediately. Please call me for details of your case.
Answer Applies to: Texas