Check out our dedicated site for more information ( A total of five individuals were arrested in total according to a statement from Immigration Customs Enforcement (Ice), which was responding to “an investigative tip”. In order to help you determine your chances of successfully obtaining a green card, your attorney will need to find answers to the following: Once your attorney has compiled this information with your help, she'll compare it with immigration laws contained in the Immigration and Nationality Act, addressing convictions of crimes of the same nature as the one you were convicted of. Then the officer called Leandro and Palumbo back. Can you get a green card when you have a criminal record? The contact form sends information by non-encrypted email, which is not secure. For applicants who have committed serious crimes, obtaining a green card will likely be impossible. You may have been flying under the radar for years, but this may be the cruise to the Bahamas that ends up costing you your green card. Follow John on Twitter: One of the first things that officials will look at is whether the crime you committed is considered a serious crime (e.g., a felony like armed robbery), or a low-level crime. All rights reserved.

He is well known within the community and his commitment to the interests of the Hispanics is without question. Katherine was interviewed first and then Leandro. Having a criminal record can put the brakes on your green card application. Under George Bush’s administration, she only once had a client detained at the USCIS office, but she was released the same day. Moral turpitude refers to “conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one’s fellow man or society in general.” These types of crimes are called crimes involving moral turpitude, or CIMTs. If you have a green card and have been arrested in the past, you may have many questions about your immigration options. She does not have a criminal record, he says. We are OPEN and ready to serve you. If you are a lawful permanent resident and have ever been arrested for anything, no matter how long ago, call an experienced immigration attorney to talk about your case and your options. This article focuses only on the eligibility of the U.S. citizen sponsor. False Claims to U.S. In order to qualify for a green card, you must be a person “of good moral character.” That means USCIS will look at your criminal history and determine whether you lied on your application.

and sometimes, the maximum possible penalty and length of prison sentence that can be imposed for the type of crime you committed. If you have a green card and a conviction for a controlled substance (drug) offense, no matter how minor, you need to call an immigration attorney before you 1) renew your green card, 2) apply for citizenship, 3) leave the country, or 4) do nothing. Your immigration attorney will help you determine whether your record will prevent you from successfully applying for citizenship, but there are no guarantees in immigration – nobody can predict how U.S. This article will review those types of crimes with respect to most applicants. © 2018. The commission of a criminal offense is a potential bar to receiving a green card (or U.S. lawful permanent residence), based on a legal concept known as “ inadmissibility.” But not every crime has this effect. She came to the United States in 2001 and overstayed her visa. It’s best to talk to your lawyer about your situation before you apply for a green card. For example, a person can be deemed "inadmissible" if he has a communicable disease, if he's violated immigration laws in the past, or if he's seen as at risk for needed government financial assistance in order to be able to live in the U.S. You should be aware that committing a crime once you've received your green card can make you subject to deportation, and applying when you already have a serious crime on your record will also likely be cause for deportation. Artist Visas for the USA and Entertainer Visas for Foreigners, Deportation Defense: Understanding Your Rights →, Visa Options: How to Become a Permanent Resident of the U.S. When renewing a green card after an arrest or criminal offense, be aware that U.S. The facts of your circumstances matter, and USCIS may look at things like: Some crimes do make you inadmissible to the U.S., such as those involving moral turpitude and controlled substances. If you need an immigration attorney anywhere in the United States, but certainly if you live in Orlando or Jacksonville, please call Shorstein, Lasnetski & Gihon. With a combination of skill, experienced, knowledge and diligence, the right criminal defense attorney can be the difference between a criminal and clean record. Church, who tracks detentions in New England, says that under the later years of the Obama administration, people who did not have criminal records were not priorities for deportation. And while ICE may never come to your door to talk to you about that old firearms conviction or possession of a small amount of cocaine, if you ever apply to become a citizen or renew your green card, you may have that application denied and instead, receive a Notice to Appear in Immigration Court to prove to the judge why you should not be deported. You may be able to get a green card with a criminal conviction – and we may be able to help you. Citizenship and Immigration Services will rule in most cases. Susan Church, the head of the New England chapter of the American Immigration Lawyers Association, says that at least three of those people were in the process of applying for green cards and did not have criminal records. Leandro Arriaga’s three month old daughter.