<p>xiggi,</p>
<p>I understand exactly what you are saying. </p>
<p>I was just reporting what I have read. What the article was saying (and I am paraphrasing, I don’t have it in front of me), that pursuing the matter will be up to discretion of immigration authority.</p>
<p>Also, during immigration hearing the prosecutor (not the criminal one, the one acting on behalf of ICE) has discretion too.</p>
<p>I know someone who had a green card and pleaded to felony misdemeanor during criminal proceedings. Then during immigration hearing his lawyer and the prosecutor agreed that the charge was too serious given the offense and said that it should have been gross misdemeanor and therefore this person should not be deported. By this time the person in question already served the time for his crime. On his record it was still showing up as a felony misdemeanor and he could not obtain citizenship because of that, but he was not deported. He eventually obtained citizenship because he “found religion” during his time in jail and decided to straiten his life, so he joined National Guard and served a tour a duty in Iraq (he actually now served two tours of duty - just came back from his second tour of duty from Kuwait).</p>