In some states, the information on this website may be considered a lawyer referral service.
Do not rely on this list alone in assessing your immigration situation; get help from an experienced immigration attorney. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Still, not every crime on a person’s record makes him or her inadmissible.
As you probably know, USCIS collects personal data on every green card applicant, including fingerprints and a photo. Only the card expires, not your actual status. § 1182(a).). As part of the spousal visa / marriage-based green card process, U.S. Why Is My Immigration Case Taking So Long? This article focuses on criminal records for the spouse seeking a green card. You may also be eligible as an investor who would create new jobs in the US.
You may also apply through other ways such as the Green Card Lottery. The grounds of inadmissibility are found in Section 212(a) of the Immigration and Nationality Act (I.N.A.) This includes anyone who knowingly aided, abetted, assisted, conspired, or colluded in illicit drug trafficking. Citizenship and Immigration Services (USCIS) will check for criminal records for both the U.S. citizen or green card holder sponsoring his or her spouse, and the spouse applying to receive a green card. If USCIS sees a crime or immigration violation on your record that may make you removable, like an aggravated felony, it can place you into removal (deportation proceedings). The attorney listings on this site are paid attorney advertising.
USCIS Background Checks for Green Cards. Card. Conviction of or participation in (according to the reasonable belief of the U.S. government) controlled substance trafficking. Still, not every crime on a person’s record makes him or her inadmissible. RECOMMENDED: Expired Green Card Creates 5 Big Problems. It is important to consult with a law expert on your eligibility, the possibility of a waiver, and whether other solutions such as the US Entry Waiver would be a better fit. USCIS will not approve any application for lawful permanent resident status or other certain immigration benefits until it completes checks against database systems within the Department of Justice, the Federal Bureau of Investigation and the Department of Homeland Security. However, if you are interested in entering the US with a criminal record or obtaining a Record Suspension, contact us today to see how we can help at 1-866-972-7366. Having a criminal record can make it hard, and in some cases impossible to get a US Green . Although many options are available to these Canadians, a US Green Card is an attractive option. You’ll notice that you’ll also be asked to pay fees at this time, for both the application and for "biometrics.". Crimes, however, tend to present a major problem for many immigrants. For example, you can be found deportable for having committed: This is only an abbreviated list. Besides living and working in the United States, the US Green Card allows you other benefits including: You may apply for a US Green Card under different categories including: Individuals with job offers from US employers are eligible for a Green Card. The attorney listings on this site are paid attorney advertising. Not all crimes that will make you inadmissible to Canada would prevent a person from moving to the United States. At the same time, an arrest should not stop a permanent resident from renewing or replacing a green card. Commission of particularly severe violations of religious freedom while serving as a foreign government official. Note that crimes on a person’s record are also a problem after an immigrant receives a U.S. visa or green card. Conviction or admission of a controlled substance violation, whether under U.S. or foreign law. Conviction of an aggravated felony, if the person was removed from the U.S. and seeks to return (this ground of inadmissibility lasts for 20 years). They include various crimes, along with other things like communicable diseases, past immigration violations, and the likelihood of needing government financial assistance. If your criminal record stems from outside the United States, immigration law requires that you compare your offense with similar offenses from the U.S. criminal code. If you are applying for a U.S. visa or for lawful permanent residence (a “green card”), the government officials reviewing your application will take steps to make sure that you are not “inadmissible” to the United States. If you lost your case, you’d likely lose your right to a green card as well, and be sent from the United States to your home country. An immigration attorney; ideally one who specializes in criminal matters; can help decide on a plea or other strategy for minimizing the consequences for your green card application. . It is very important that anyone with a criminal record understand their situation before filing for a green card renewal. Intended spouses and minor children may also qualify. Anytime someone applies for a visa or green card, they are asked to state whether they have ever been arrested for or convicted of a crime. In order to compare your crime with the above list, you’ll need an attorney's help.
Assertion of immunity from prosecution after committing a serious criminal offense in the U.S., if the person was thus able to depart the U.S. and has not since submitted fully to the jurisdiction of the relevant U.S. court . Not every crime makes a green card holder deportable.
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