Legal Permanent Resident Arrested
It is important to back up this information with official documents to prove that you accurately describe your criminal record. This may include a statement from the police department where you were arrested or named, copies of any charges against you, records of dismissal or deletion, and records showing the final resolution of your case. An arrest or even an indictment (which was ultimately rejected) does not make you ineligible for a green card. However, it is very important to be open about any arrests or charges in your past to avoid making yourself ineligible for a green card due to lies to the government. A serious conviction for a felony is particularly troubling because it can permanently prevent a person from obtaining U.S. citizenship. You may have noticed that some criminal grounds for deportation are specific, while others divide crimes into broad categories (e.g., drug offences, illegal firearms offences). The elements required by the CoR differ depending on whether or not you have a legal permanent residence. In accordance with INA § 240A(a), in order to prove COR eligibility for lawful permanent residents, you must prove the following: If an applicant has committed a crime that could prevent U.S. citizenship, whether it is simply an arrest or conviction, it does not always mean that it is impossible to become a naturalized citizen.
Some prohibitions are temporary and can last for five years, as the character review of an applicant is only five years old (three years in some cases). In addition, a derogation may also be available. If one of these “exceptions” is your application for or prosecution for naturalization, contact your immigration attorney or risk making a mistake that could compromise your ability to obtain the legal status you seek. Immigration “conviction” refers to any outcome where you have been convicted in court or pleaded guilty – even if you were told there would be no criminal conviction on your file. For example, if you were arrested on a drug charge and participated in addiction treatment as part of a distraction program, you may not have a criminal record in the state where this happened, but you still have a “drug conviction” for immigration purposes. If you have been charged with any of the above offences, speak to an experienced immigration lawyer as soon as possible to discuss your legal strategy. Essentially, all applications for immigrant and nonimmigrant visas to the United States ask you if you have ever been arrested or convicted of a crime. Even if you have been arrested and the charges have been dropped or there has been no conviction, you still have to answer yes – but don`t worry, you also have the opportunity to provide additional details about the situation and the consequences of the arrest. A common tactic employed by immigration lawyers is to try to get their clients lifted from deportation (“COR”).
The CoR essentially makes a legal argument as to why you should not be forced to leave the US. Maybe. Lawful Permanent Residents (“LPRs”) must renew their green card every 10 years. Green cards are essential for non-citizens to work in the United States and return without complications from international travel. A person arrested or convicted of a crime in New York or elsewhere runs the risk of not entering the United States, obtaining permanent residency or obtaining citizenship. This is simply the cold, frightening and clear truth of immigration law in America today. The impact of an arrest or conviction varies depending on the circumstances of the crime and the defendant`s immigration status, but you should not ignore or overlook this fact. To fully understand the implications of your criminal past on immigration eligibility, it`s best to hire an immigration lawyer, like the one at Saland Law. The following overview does not replace a lawyer for a criminal defense attorney or an immigration attorney, but can give an idea of the impact of arrests or convictions.
If a person has been arrested (but not convicted) for “behavior-based” crimes, or if the person decides to leave the U.S. and try to return, there can still be problems. There are two reasons for this. If you answer yes to any of these questions, you will need to provide additional information. You must provide details of when and where you were summoned, arrested, charged or sentenced, as well as the exact summons or indictment and final decision on the case, in other words, how the case was ultimately resolved. When filling out your green card application, it`s important to be honest and provide USCIS with enough information. You should mention each time you have been caught, arrested or charged with a crime, even if the charge was later dismissed or your criminal record was expunged. By having both a criminal defense attorney and an immigration attorney handling your case, you cover every reason to protect yourself and your legal status to stay legally in the United States.
Another strategy is to drop your criminal charges, which requires a lot of legal skills and knowledge to succeed. To do this, your lawyers must present a compelling legal case to build a strong defense. Remember, no conviction, no reason for deportation! After informing your defense attorney, you should discuss finding an immigration attorney to help you in your case. Not all lawyers are knowledgeable about immigration law and whether certain legal decisions affect a non-citizen`s legal status. If you have something on your criminal record, it`s best to be completely honest and open about it instead of hiding it, because immigration officials will find out. Almost all immigration application forms ask questions about your criminal past. Another type of criminal conviction that could make you unfit for a green card is a “crime of moral rejection.” This is generally any crime committed in “bad faith,” that is, the intent to deceive someone or cause bodily harm. This is a very subjective category, and whether a conviction is a crime of moral rejection may depend on whether USCIS and immigration courts have already ruled that this crime is a crime of moral rejection. If the beneficiary commits a crime or otherwise violates immigration laws, not only is the visa status of the beneficiary threatened, but the status of all derivatives can also be negatively affected. It is important to read each of these questions carefully, especially if you have a criminal past. Keep in mind that these questions relate to your criminal past in the United States and abroad.
If you have a criminal record in your home country or in another country, you must disclose it when applying for a green card at the appropriate time. For some crimes, a conviction is not required to block citizenship. All that is needed is for USCIS to have “reason to believe” that certain crimes took place.
