Concerns about a misdemeanor assault-threat record and green card approval
I sent my green card application documents to USCIS. Around June 19, 2023, about ten days later, I got an email saying my green card is under review. About ten days before that, on June 6, I got into a dispute with the board chairman over a green card issue and broke 2 chairs and a desk in the garage. The chairman called the police, and I went to trial in court. To prove innocence, I was told I’d need to go to a jury trial, so I admitted my guilt and received a $1,088 fine with 1 year of probation. After the June 6 incident, around June 14, the chairman said it was their fault and signed the green card application, which was then sent to immigration.
Around June 19, I got the email saying it’s under review, and the chairman, who is an elderly woman, had me living without a salary for 4 years. She kept flip-flopping on whether to give me the green card or not, which led to the incident. The fine came to $1,088, but since I work at a religious organization without a salary, it was waived. The probation is 1 year, and if I get in trouble again within that year, I’d serve 90 days in jail.
It’s a misdemeanor, but apparently it stays on record. I was told I need to report the court result to immigration, so after the September 19 court decision, I emailed the decision to immigration the next day. It’s been over 20 days now with no email response. Would my green card still come through in this situation?
If my green card doesn’t come through, is there a chance I’d have to go through trial again? We went as far as considering a jury trial, but by agreement between the prosecutor and my public defender, I was told to accept the misdemeanor and did.
Hello. If you’re currently on probation, there’s a high chance of denial, but if the probation is complete and your innocence is finalized, there’s also a chance of approval.
Generally, cases involving violence-related conduct like breaking something (rather than a crime of moral turpitude like fraud or theft) tend to be approved more often, so please wait a bit longer.