Criminal Law Felony/misdemeanor on fraud (Green card holder)_Problem at port of entry?

[vinhky1212]

My best friend was charged for 2 misdemeanors on fraud. He pleaded "nolo contendre" and completed the penalties sentenced by the court. 2 years passed and informal probation ended, he applied for dismissal and was approved. However, his immigration status is still a permanent resident. If he decides to travel out of the US, will he has trouble at the Port of Entry?

Same situation as above, but his mother was charged 2 felonies instead (also a Green card holder). She had served the sentence. Will she has trouble as well?

 

[Michael Wechsler]

My best friend was charged for 2 misdemeanors on fraud. He pleaded "nolo contendre" and completed the penalties sentenced by the court. 2 years passed and informal probation ended, he applied for dismissal and was approved. However, his immigration status is still a permanent resident. If he decides to travel out of the US, will he has trouble at the Port of Entry?

Same situation as above, but his mother was charged 2 felonies instead (also a Green card holder). She had served the sentence. Will she has trouble as well?

I can't say for certain but it sounds that in your boyfriend's case the situation is that the charges were dropped in exchange for completing probation in satisfactory fashion. You should be very sure of what the terms of the agreement are and that the charges have been dropped. I don't know about trouble at Port of Entry but it seems you should probably not have an issue if this is cleared up.

Regarding your mother, she may have a problem. Serving a sentence pursuant to a felony conviction is different from a plea where completing a probationary period will result in dropping the charges. In the former, there is a conviction while in the latter there is no conviction (assuming this is the case.)

I can't tell you for certain since I'm not an immigration law specialist nor am I familiar with the specific details of your case. However, the above should get you started on taking a better look at the situation and how to go about it.