U.S. immigration law can seriously affect green card holders facing criminal charges. Even a misdemeanor can impact their immigration status. This guide discusses how misdemeanor convictions might put green card holders at risk of deportation and the issues they face during immigration.
The Nuances of Misdemeanors in Immigration Law
That is, whether it is a misdemeanór a felony, or any other classification of a crime as far as immigration is concerned may appear to be inconsequential. In that case, the immigration law of the U.S. includes its definitions and criteria which is different from the conventional law criteria at times. Green card holders might face status issues if convicted of a misdemeanor, regardless of the verdict. Even minor crimes can lead to deportation if they fall under the “grounds of deportation” in immigration law. For example, a legal permanent resident could face deportation for such a conviction.
The term ‘misdemeanor’ doesn’t always appear in lists of deportable crimes. Instead, immigration law might classify misdemeanor theft as a crime of moral turpitude, making it deportable if committed within the first five years in the U.S. or if the person has two similar offenses. However, certain types of crimes regardless of the misdemeanor or felony in classification, may warrant deportation. Such crimes are Narcotics charges, criminal use of firearms including sales, cases of spouse or partner abuse, cyberstalking, child abuse, or negligence among others.
The Role of U.S. Citizenship in Mitigating Consequences
If an immigrant avoids deportation upon entering the American criminal justice system, the next best step is to apply for naturalization as soon as they become eligible to secure protection as a U.S. citizen. However, a criminal record has the potential to either reduce or completely negate the required naturalization qualifications.
However, these obstacles show that the process of attaining the U. S citizenship is not an easy one, especially for those candidates with criminal background records. Certain actions classified as “crimes of moral turpitude” or “aggravated felonies” under immigration law may hinder an individual’s chances of attaining naturalization.
Navigating the Complex Terrain: Legal Representation
The strong link between criminal charges and immigration implications complicates these matters. You should seek help from both an immigration attorney and a criminal defense attorney.
If you are an immigrant then this is information that your criminal defense attorney should know as early as possible. However, not all criminal defense lawyers specializing in Criminal laws and procedures may fully appreciate or know all the legal provisions in the laws of U.S immigration as a separate legal entity Thus consultation with an Immigration lawyer is vital. Sometimes it may be wise to seek help from an immigration attorney or lawyer who will be accurate in advising the green card holder on the best way to handle his/her case.
In summary, a Green Card holder faces significant immigration risks with a misdemeanor conviction beyond the courtroom. Understanding U.S. immigration laws is vital because a misdemeanor can have serious consequences, even if it doesn’t always lead to deportation. It’s smart to consult both a criminal defense attorney and an immigration lawyer to protect your status and get the best result.
Can I apply for a waiver if I’m deemed deportable?
You can apply for a waiver if you are deemed deportable, depending on the circumstances surrounding your case. Here are the key points regarding waivers for deportation:
Types of Waivers
212(h) Waiver:
- This waiver is available for individuals who have been convicted of certain crimes, including crimes of moral turpitude. To qualify, you must demonstrate that your deportation would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, son, or daughter.
- You must not have been convicted of an aggravated felony, and you should have maintained lawful status in the U.S. for at least seven years before the deportation proceedings began.
I-212 Waiver:
- If you have been deported and want to reapply for admission to the U.S., you must file Form I-212, Application for Permission to Reapply for Admission After Deportation or Removal. This waiver allows you to seek consent from the U.S. government to return before your period of inadmissibility has expired.
- You must file this application from outside the U.S. and demonstrate that you have remained outside for a continuous period.
VAWA Waiver:
- If your deportation is related to abuse by a U.S. citizen or lawful permanent resident relative, you may apply for a waiver under the Violence Against Women Act (VAWA). This waiver allows victims of domestic violence to seek relief from deportation and can be applied if there is a connection between the abuse and your removal.
Eligibility Criteria
- Good Moral Character: You must demonstrate good moral character and rehabilitation efforts.
- Extreme Hardship: For waivers like the 212(h), showing extreme hardship to qualifying relatives is crucial.
- No Aggravated Felony Convictions: Certain waivers are unavailable if you have been convicted of an aggravated felony.
While facing deportation can be daunting, various waivers exist that may provide relief depending on your situation. Consulting with an immigration attorney is advisable to navigate these complex processes effectively and determine the best course of action based on your specific circumstances.
What are the steps to apply for a waiver after being deported
To apply for a waiver after being deported, specifically the I-212 waiver (Application for Permission to Reapply for Admission into the United States After Deportation or Removal), follow these steps:
Steps to Apply for an I-212 Waiver
- Determine Eligibility: Confirm that you are eligible for the I-212 waiver. This waiver is applicable if you have been deported and wish to reapply for admission to the U.S. You must be outside the U.S. at the time of application.
- Leave the United States: If you have not already done so, ensure you leave the U.S. Remaining in the country can lead to accumulating unlawful presence, complicating your situation further.
- Complete Form I-212: Fill out Form I-212 accurately. The form requires detailed biographical information, reasons for deportation, and your intent to return to the U.S. Be thorough in providing all necessary information, including any former names or aliases.
- Gather Supporting Documentation: Compile evidence to support your application, which may include Proof of family ties in the U.S.
- Prepare Additional Applications: If necessary, prepare other applications such as Form I-601 (Application for Waiver of Grounds of Inadmissibility) if there are additional grounds of inadmissibility beyond your prior removal.
- Pay the Filing Fee: Include the appropriate filing fee with your application. As of now, the fee is $930, but it’s advisable to check for any updates on this amount.
- Submit Your Application: Send your completed Form I-212 along with all supporting documents and the filing fee to the address specified in the form instructions. The correct address may vary based on your specific circumstances.
- Await a Decision: USCIS typically takes about 6 to 12 months to adjudicate the waiver application. During this time, ensure that you remain available for any requests for additional information from USCIS.
- Visa Interview: After the U.S. consulate or embassy approves your I-212 waiver, you must attend a visa interview abroad to complete the process of re-entering the U.S.
Important Considerations
- Legal Assistance: Consulting with an immigration attorney can help you navigate the complexities of the waiver process and improve your chances of approval.
- Documentation Quality: Ensure that all documentation is accurate and well-organized, as this can significantly impact your application’s success.
- Grounds of Inadmissibility: Be aware that while an I-212 waiver can allow you to reapply after deportation, it does not waive other grounds of inadmissibility that may affect your ability to return.
Following these steps carefully will help you navigate the process of applying for an I-212 waiver after being deported.
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 Re-Entry, 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.
