Plead guilty careless and get a criminal record, the Chinese man was removed by immigration office

07/23/2012    10:41   Source: Journalist Li, Hong from China Press (USA)    Author:  Alex

Chinapressuas journalist Li, Hong reports on 7/22/2012 in New York — About 12 years ago, a Chinese man Duan Rong Lin who lived in Mississippi was arrested on suspicion of using the false credit card to buy $15,000.00 cigarettes from wholesaler with his friends, Duan Rong Lin plead guilty, and at that time, he just got a green card.   After that, Duan Rong Lin came to China several times, he entered the USA smoothly every time. But in the March of 2012, he was arrested by immigration office when he entered the USA, immigration office cancelled his green card. On 22nd, he was returned to China.

The court documents show that Duan Rong Lin got the green card by political asylum. One day he drove out with his friends, on the way of their trip, somebody use false credit card to buy $15,000.00 cigarettes from wholesaler, which was knew by local polices.  They escaped, but finally were blocked by many police cards in a gas station. All the people in the card were arrested.  Although Duan Rong Lin just went out with friends, but he was still believed to be an accessory of crime.

Duan Rong Lin’s lawyer Peter L. Quan told us that because Mississippi court did not provide Chinese translator and Duan Rong Lin thought his English is good, so he went to court without translator. In court, Duan Rong Lin misunderstand judge’s confession’s agreement, he thought if he plead guilty, it would be considered as misdemeanor, and he could be released right away, so he chosen to admit the guilty.

Lawyer Peter L. Quan said the Duan Rong Lin was sentenced to two years jail and five year probation, and he had to report to court every six months, Duan Rong Lin was released in court. He thought everything was OK.  In 2009, he went to China with his green card, then got married in China, and returned to U.S. smoothly. In 2010, he come back to China to visit his wife and son, and also returned to the U.S. smoothly. In March of 2012, when he returned to the U.S., he was arrested by immigration office.

Immigration office cancelled Duan Rong Lin’s green card with the excuse that he was sentenced to two years and had criminal record, and they decided to return him back.  And at this time, Duan Rong Lin received the immigration documents showed that his wife and son’s petitions were approved.  It was too late for him to repent his behavior, he should not admit the crime careless, and he felt victim to his decision.

Lawyer Peter said, according to immigration law, if green card holder pleads guilty or be sentenced to be jailed over one year, the green card will be cancelled.  He reminds the person who has the similar situation.  If you think you are innocent, you should not plead guilty, especially for the crimes involving moral turpitude, which including, but not limit to do business without license, fight, prostitution, theft.  And some of crime may be sentenced over six months or probation, it also cannot be accepted, because immigration will cancelled green card if someone has the same issue.    Also, according to immigration law, anyone who applies for naturalization should have good moral turpitude for 5 years. Immigration office has its own discretion, someone is still denied in naturalization interview even they apply for naturalization in another 5 years.

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