class D felony has a maximum sentence not exceeding

5 years in any state.

Not sure whether you were convicted on both counts or just one.

If both were convicted, section 212(a)(2)(B) would apply, then you were inadmissible per se (automatically) and deportable.

whether the actual jail time is 60 or 85 days is no long usful.

Even if one count was convicted, 212(a)(20(A)(ii) would not save u, because it's a crime involving moral turpitude where the maximum penalty exceeds 1 year.

U could only rely on the outcome of a waiver. USCIS may buy it for the sake of ur child. A new born USC needs the tender care from the mother. Deporting u would cause extreme and exceptional hardship to the baby and ur hu*****and. If u would like to apply a waiver, could do so after the birth of ur child.

Probation was cut short had nothing to do with the inadmissibility of the crime. The good behavior letter from the probation officer may be usful when u apply the waiver.

Risk of being put into deportation proceeding due to the past crime is always there when 485 has been filed. Background check starts from the time FP is done. Ur criminal history would be revealed in whole.

485 does not require u to past criminal record. U only need to answer YES to the 2nd Q concerning arrest and conviction. However, hand in criminal record & letter from probation officer & an explanation carefully done may suggest honesty.

Good News for u:
heard someone who was convicted credit card fraud before, still got his LPR, (entirely resolved by this person w/o assistance of a lawyer based on the extreme hardship argument). This person is highly educated.

Based on this info, u may still have a chance of getting ur LPR.

Disclaimer from Howdy: The above message is just a discussion, not a legal advise. Any problem concerning a legal matter shall be discussed with a legal professional. The reader of this message assumes the risk of treating the discussion as a legal advise and any consequence of action taken by the reader based on the message