Guide to Green Cards with a
Criminal Immigration Lawyer
If you want a green card, you’ll find that a considerable portion of the process is dedicated to investigating any potential criminal record. If you’ve never been convicted of a crime before, then this won’t be an issue. Unfortunately for some applicants, undergoing this background check can be very stressful since having any form of police record may end up causing your application to be denied.
Fortunately, a skilled criminal immigration attorney may be able to help you apply for a green card, even if you have an existing criminal record.
Table of Contents
It was a real pleasure working with D’Alessio Law. The team was super professional, and I have felt supported in all aspects of this process all the way through.
They are very detail-oriented and have all the necessary facilities at hand to help.
I definitely recommend D’Alessio Law to anyone who wants to get an O1 or any other related visa without wasting time and money.
We Are Here For You
Don't Experiment with your Future By Taking The Immigration Complexities & Process Alone. Trust A Professional.
Why it’s Important to Have an Experienced Criminal Immigration Attorney
When applying for your green card, U.S. Citizenship Immigration Services (USCIS) requests your complete record with law enforcement, both in the U.S. and your country of origin, with an exception for traffic violations. During the application process, you must be completely honest and provide USCIS with everything they want to know about your criminal record.
Your criminal immigration lawyer will help you through the visa petitioning process, whether your petition is employment-based or family-based. If you are applying for a green card because of a different status, such as an asylee or U nonimmigrant, your immigration attorney can help you through that process and filing any necessary waivers of inadmissibility.
- You can However, you still need to explain your criminal history on your green card application (Form I-485, Application to Register Permanent Residence or Adjust Status).
- If you’re instead applying through your country’s U.S. embassy or consulate, you’ll need to give your answers while going through consular processing (DS-260, Immigrant Visa Electronic Application). Your criminal immigration attorney can help you fill out and file these forms and walk you through addressing any criminal history disclosures.
On Form I-485 and DS-260, there will be around 20 questions about your criminal history. They’ll ask you whether or not you have a criminal history, and if you intend to commit any more crimes. Primarily, these questions focus on crimes related to money laundering, drugs, prostitution, and human trafficking.
You’ll need to tell your answers to your criminal immigration lawyer truthfully. Remember, your immigration attorney works for you and your conversations are protected. These questions are asking about your criminal history in both the United States and foreign countries.
You must disclose all crimes when applying for a green card, so you must disclose them first to your attorney. Your honesty with your attorney is the only chance that you have at a successful green card application.
Additionally, putting incorrect information on your green card application may disqualify your petition, regardless of what you were trying to conceal.
To that end, your criminal immigration lawyers will request disclosure of any time where you were given a citation, arrested by law enforcement, or charged with a crime. This includes cases which were either dismissed or expunged. Your criminal immigration lawyer is there to help you, and your discussions are completely confidential.
Get The Immigration Help You Deserve And Request A Free Consultation Today
Why You Should Disclose Your Convictions to Your Criminal Immigration Attorney
Not every stain on your criminal record will prevent you from getting a green card, but some are typically not eligible for a waiver. Some convictions could make you inadmissible and ineligible for a waiver:
- Aggravated felonies like tax evasion, drug trafficking, and sexual abuse.
- Crimes involving “moral turpitude,” such as murder, torture fraud, and animal abuse.
- Crimes involving illegal drugs, the only exception of which is any marijuana possession charge of less than 30 grams for personal use.
- Violations of religious freedom while serving as an official of a foreign government.
Whatever your criminal history, it may benefit you to discuss your options with a criminal immigration attorney.
How a Criminal Immigration Attorney Examines Foreign Criminal Records
Your criminal conviction may be easy for your criminal immigration attorney to address. Through the eyes of a U.S. immigration official, they could see your criminal conviction as equal to an inadmissible crime. Your criminal immigration attorney may be able to find some exceptions to make you eligible for a waiver.
Consider these two situations in which an experienced immigration attorney can help you get a green card despite a foreign conviction:
- Your criminal immigration attorney may argue that the laws broken may not be applicable under U.S. law, such as if you were convicted of a crime that isn’t a crime in the U.S., such as homosexuality or violating a law that the U.S. considers inhumane.
- Your criminal immigration attorney may argue that the laws broken in the United States are equal to laws that would qualify for a waiver under the INA.
While USCIS officials deciding your case could disagree and deny your application or petition, your criminal immigration attorney could still file a motion or appeal the denial.
What Records Do You Need to Give Your Criminal Immigration Attorney?
If you answer affirmatively to any question relating to criminal history, the USCIS will need you to provide additional information about said crime. A criminal immigration attorney can help you properly detail the specifics about the nature of your conviction, as you need to provide the exact charge or citation you were given and information about how the case was resolved.
Your criminal immigration lawyer will need proper documentation for everything admitted to on your application. Ideally, you will have all of the necessary documentation, including:
- Official police statements
- Physical copies of all charges made
- Any record of discharge or expungement
- Records detailing the result of any cases against you
A simple arrest or charge will not make you ineligible for a green card, especially if you have a criminal immigration lawyer. However, it is very important to be honest with both your criminal immigration attorney and the USCIS, as any discrepancies may appear as fraud to immigration officials and disqualify you from a green card entirely.
Who Do I Call When I Need a
Criminal Immigration Attorney?
When you need a green card but have a criminal record, contact D’Alessio Law. We handle complex immigration cases and produce exceptional results in record time. Book your free consultation today for peace of mind during your immigration process.
