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

UPDATED: Jan 10, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 10, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


Dustin Bankston / Bankston Immigration Law Office

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption