Successful PCR Leads to Greencard in NJ
We had a client who came into the country many years ago on a visitor’s visa and overstayed. She got involved in a relationship with an abusive boyfriend who happened to be involved with drugs. One day, she was arrested and charged with possession of drugs in Monmouth County, which is a deportable offense as well as an offense that would disqualify someone from ever applying for a green card. Due to ineffective assistance of her criminal attorney, she entered into the Pretrial Intervention Program (PTI) with a guilty plea. Little did she know that the guilty plea would still count for immigration purposes long after the original charges were dismissed after she successfully completed the program. Years later, she met a US citizen. They fell in love, married, and he filed for her for green card. To their surprise, her case was denied because even though they had a real, genuine relationship, she did not qualify for her green card because she had pled guilty to a drug offense, even though it was later dismissed. Our office successfully prepared and filed a Post Conviction Relief Application for her guilty plea to be stricken. The case was vigorously contested by the Prosecutor’s Office, but fortunately, the Superior Court Judge reopened the matter and struck the guilty plea. We thereafter refiled our client’s adjustment of status application. She now has her green card.
These results do not guarantee, warrant, or predict a similar outcome of your matter. Every case is unique and dependent on individual circumstances and facts.