Can I apply for a replacement green card while in a deferred prosecution program?

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Can I apply for a replacement green card while in a deferred prosecution program?

I have the documents pertaining to my case but am afraid they will be unacceptable since they cannot be certified until my case is dismissed. Is this true? The case will be dismissed in 6mos. Would it be wise to wait until then?

Asked on January 10, 2012 under Immigration Law, Arizona

Answers:

Dustin Bankston / Bankston Immigration Law Office

Answered 10 years ago | Contributor

Without furhter information, I assume that you are concerned because the crime you were charged with could potentially make you deportable.  Whether or not you have a conviction depends on the type of diversion program you have been placed in.  If you haven't pled or admitted enough facts to show you committed the crime, then you likely do not have a conviction.  However, some diversion programs require you to plead and then dismiss the charge later.  This type of program would give you a conviction for immigration purposes.

Whether to wait for the case to be dismissed is not your issue.  You need to determine whether you have a conviction for immigration purposes and, if so, if that conviction makes you deportable.  If you do have a deportable conviction, you could be placed in deportation proceedings if you apply for a green card.


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