The transnational movement is always thrilling, but it can concern any lawful permanent resident (green card holder) with a criminal record. The legal effects of traveling abroad when you are a convicted felon may have repercussions on the chances of getting an immigrant visa and issues that may arise once you get back to the United States. Although having a green card may exempt visitors from many of the issues that other immigrants face when traveling internationally, there are still some considerations that green card holders should be aware of when deciding to travel abroad.
Assessing Your Immigration Status
If you want to understand how international travel might affect your situation, first evaluate your current immigration status. Determine if your criminal conviction makes you deportable or inadmissible under U.S. immigration law.
If there is doubt or ambiguity as to the effect of a criminal conviction, it is always advisable to consult and retain an immigration attorney. They may be more useful in that they can give advice based on the circumstances of the case, and the ever-stressing immigration rules.
Deportability and Consequences
Do Not Travel Outside the U.S. If You Are Deportable
Another important concern that the green card applicant has raised is whether he/she is deportable because of the conviction. While some people have been taken to court and deported for the offense, others have slipped through the noble watchful eye of the U. S. immigration authorities. Under such conditions, traveling internationally could prove catastrophic.
Which, when in these circumstances, may lead to the U. S. government depriving you of the right to reentry into this country or upon your arrival commence removal proceedings against you. In case of this, you may consider seeking ways of preventing the crime or changing your immigration status mean reapplying for a green card.
Treatment as a New Entrant
For green card holders, traveling to other countries can turn out to be a little bit of a nuisance if the U.S. government considers you as an entrant when you want to come back to the United States. Several scenarios can trigger this treatment, including:
- Abandonment of Permanent Residence: Generally, residing outside the U.S. for more than a year creates the presumption that a person has abandoned their permanent residence.
- Extended Stay Abroad: Non-days countable Advising is the US federal tax law which states that if one spends more than 180 days outside of the United States, the Immigration Service may question the individual’s intent to maintain residency in the U.S.
- Criminal Activity Abroad: If you are a criminal or involved in criminal activities legally, outside the United States before seeking reentry into the country, your reentry may not be as smooth as you wish.
- Departing During Removal Proceedings: It is crucial to remember that any trip abroad while in removal proceedings means facing new entrant treatment upon return to the United States.
- Inadmissible Crimes: If you engaged in an offense that placed you in a status of inadmissibility within the U. S., your chances of being readmitted might be impacted.
- Unofficial Entry: and also violates new admission treatment where a person tries to enter the U.S. through a port other than those that are designated.
In such circumstances, you may legally qualify to stay in the U.S. because you don’t meet the mandatory deportation grounds. However, you are still removable if you meet the legal grounds for inadmissibility in the U.S.
Duration of Travel Matters
Many green card holders believe short trips abroad (under one year) are safe. However, staying over six months can cause inadmissibility issues, especially with a criminal record. For instance, admitting to a crime of moral turpitude (CIMT) or a controlled substance offense during a border interview can lead to removal proceedings.
Reentry Permit Considerations
Some people who hold Permanent residence may apply for a reentry permit under the Immigration Act to allow them to engage in International travel while retaining their PR status. Ref continuation permits allow persons to re-enter the U. S and live there for up to 2 years without the fact being considered that they have abandoned their residence.
However, getting a reentry permit doesn’t guarantee protection against all issues. While it helps maintain P.R. status, it doesn’t prevent inadmissibility upon return to the United States.
Even with a reentry permit, a U.S. border officer may still question your travel purpose and permanent residence eligibility. However, a reentry permit does not exempt you from proving admissibility.
The Consequences of Inadmissibility
If a U.S. border protection officer finds you inadmissible for any reason upon your return, they will bring you before an immigration judge to start removal proceedings. You will typically be placed in an immigration facility and given the chance to speak before the judge.
If you are an “arriving alien” seeking asylum at the border but barred from entering the United States, you cannot post a bond to gain freedom during your case proceedings. Consequently, you may have to represent yourself while still in detention.
Practical Recommendations
To navigate the complexities of international travel as a green card holder with a record of criminal conviction, consider the following recommendations:
- Evaluate Inadmissibility: If you have a criminal record, thoroughly assess whether your convictions could render you inadmissible to the U.S.
- Limit Trip Duration: Whenever possible, keep your trips abroad under six months to minimize potential inadmissibility issues.
- Consult an Immigration Attorney: Seek legal counsel to ensure you fully understand your situation and explore any available remedies.
- Apply for Citizenship: If eligible, consider applying for U.S. citizenship, as this can provide greater travel flexibility and peace of mind.
International travel for green card holders with criminal convictions record is complex. While travel is possible, be aware of potential consequences and seek professional guidance. By understanding your status and taking proactive steps, you can make informed decisions and safeguard your immigration status.
Are there any countries that don’t have strict laws on criminal records
When considering travel abroad with a criminal record, it’s important to understand that different countries have varying policies regarding entry for individuals with such histories. Here are some countries that are generally more lenient regarding criminal records:
Countries with More Lenient Policies on Criminal Records
Argentina
- Generally allows entry but may be denied if the criminal record is discovered.
Australia
- Requires a visa for entry, where criminal history will be assessed. Minor offenses may not necessarily lead to denial.
Belgium
- Allows entry for individuals with criminal records, though specifics may depend on the nature of the crime.
Brazil
- Entry is possible but may be denied if the criminal record is discovered.
Cambodia
- Typically allows entry unless a serious offense is revealed.
Czech Republic
- Generally permits entry for individuals with criminal records.
Denmark
- Allows entry, but specifics can depend on the nature of the offense.
Finland
- Generally permits entry for those with criminal records.
France
- Allows entry, though individual circumstances may affect this.
Germany
- Generally permits entry for individuals with criminal records.
Hungary
- Allows entry, though specifics may depend on the nature of the crime.
Iceland
- Typically allows entry for those with a criminal history.
Italy
- Generally allows entry but may consider the nature of the offense.
Latvia
- Allows entry for individuals with criminal records.
Lithuania
- Generally permits entry for those with a criminal history.
Netherlands
- Typically allows entry for individuals with criminal records.
Norway
- Generally permits entry for those with a criminal history.
Portugal
- Allows entry, though specifics may depend on the crime committed.
Spain
- Generally allows entry for individuals with criminal records.
Sweden
- Typically permits entry for those with a criminal history.
Switzerland
- Generally allows entry, though specifics can depend on individual circumstances.
Important Considerations
- Visa Requirements: Many countries require visas, and applicants must disclose their criminal history during the application process.
- Severity of Offense: The nature and severity of the offense play a crucial role in determining admissibility.
- Self-Disclosure: Some countries may require self-disclosure upon arrival, which could lead to denial if an undisclosed offense is discovered.
- Consult Local Regulations: Always check with the embassy or consulate of your destination country to understand their specific immigration laws and requirements regarding criminal records before traveling.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a U.S. Green Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
