The FBI will check these against databases held by numerous law enforcement agencies. Obligation to Renew/Replace a Green Card. Obtaining a US Green Card With a Criminal Record. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. is a long list of types of crimes that make a person with a green card deportable. This doesn’t mean that you’re no longer a lawful permanent resident if your green card expires. It grants you permanent residence and work authorization in the US. As an immediate relative of a US citizen or Green Card holder, you are eligible to request a Green Card. Having the purpose of engaging in prostitution or commercialized vice upon coming to the United States, or a history, within the previous ten years, of having engaged in prostitution. lists as inadmissible. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. With the help of your attorney, you might find grounds upon which to argue that your crime doesn't actually fit within one of the grounds of deportability (described below), or find some other basis upon which to mount a defense. This article discusses the ones that do. These are the straightforward crimes that are mentioned in the immigration law. But you should definitely speak with an attorney before submitting your renewal application, for the reasons explained below. If you obtained a Record Suspension, there will be nothing on your record. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. For more information, see the Inadmissibility and Waivers section of Nolo's website.

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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In some states, the information on this website may be considered a lawyer referral service.

The statute also lists a number of security violations, such as involvement in espionage, sabotage, terrorism, Nazi persecution, totalitarian parties, and so forth. Copyright ©2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. These processes are generally referred to as a background check … If you’ve been convicted of a crime and need to renew your green card or to travel outside the U.S., be sure to hire an experienced immigration lawyer. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. This article discusses the ones that do. And once a person is caught in a lie, they become ineligible for virtually any U.S. immigration benefit in the future. Crimes, however, tend to present a major problem for many immigrants. Renewing Your Green Card After a Criminal Charge or Conviction If you have criminal charges on your record, reapplying for your green card (or, for that matter, applying for U.S. citizenship or traveling outside the U.S.) could put your status at risk. Commission of or conspiracy to commit human trafficking offenses, within or outside the U.S., or being a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker according to the knowledge or reasonable belief of the U.S. government. It also includes the spouse, son, or daughter of the inadmissible applicant if that person has, within the last five years, received any financial or other benefit from the illicit activities, and knew or reasonably should have known where the money or benefit came from. This includes any conspiracy to commit such a crime. As a refugee, you may apply for a Green Card 1 year after entry to the US, and 1 year after you are granted asylee status. Past convictions and discharges will appear on your record. Crimes that may make you inadmissible to the United States include: Although the US Immigration and Nationality Act specifies certain crimes that may render you inadmissible, it is up to the discretion of immigration officials whether your application is approved or not. The process of applying for a renewal of your green card involves filling out and submitting Form I-90 to U.S. General Blog Posts – AllCleared Criminal Record Services, Sponsoring relatives to get their own Green Card, Enjoying state sponsored benefits such as education grants, Seeking US citizenship 5 years after gaining permanent residence, The crime carries a maximum sentence of 1 year or less, You served 6 months or less for the crime, 15 years have passed since the crime was committed and you can demonstrate rehabilitation, You are the immediate family of a US citizen who would endure hardship if your application was denied, You are an abused spouse or child of a US citizen or permanent resident. If you have a crime on your record, or see anything on the above list that makes you question your admissibility to the U.S., by all means consult with an experienced immigration attorney.

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.

The FBI will check these against databases held by numerous law enforcement agencies. Obligation to Renew/Replace a Green Card. Obtaining a US Green Card With a Criminal Record. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. is a long list of types of crimes that make a person with a green card deportable. This doesn’t mean that you’re no longer a lawful permanent resident if your green card expires. It grants you permanent residence and work authorization in the US. As an immediate relative of a US citizen or Green Card holder, you are eligible to request a Green Card. Having the purpose of engaging in prostitution or commercialized vice upon coming to the United States, or a history, within the previous ten years, of having engaged in prostitution. lists as inadmissible. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. With the help of your attorney, you might find grounds upon which to argue that your crime doesn't actually fit within one of the grounds of deportability (described below), or find some other basis upon which to mount a defense. This article discusses the ones that do. These are the straightforward crimes that are mentioned in the immigration law. But you should definitely speak with an attorney before submitting your renewal application, for the reasons explained below. If you obtained a Record Suspension, there will be nothing on your record. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. For more information, see the Inadmissibility and Waivers section of Nolo's website.

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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