The following is a discussion on the journey and process that individuals have to go through to attain a green card which is proof of lawful permanent residency in the United States. Unfortunately, it is not for everyone and there is one element that is often a key deciding factor with any application and that is criminal background. Misdemeanors on record can have different effects with different outcomes, and in some instances, they may act as absolute prohibitions to the use of green cards. It’s important in this elaborate analysis to dissection the ways through which plausible particular crimes can impact your prognosis for immigration with an emphasis on zesty lawful residence in the United States of America.
The Concept of Inadmissibility
When analyzing U.S. immigration law, one important concept to understand is “inadmissibility.” This term refers to situations where an individual may be denied a green card due to criminal conduct, often referred to as deportable crimes. However, it’s important to note that not all criminal acts will make an applicant inadmissible, and some may have little impact on the green card application process.
This is because to escape inadmissibility punishments for minor crimes there is a provision for a waiver which is a form of pardon that goes hand in hand with your application for legal resident status in the USA.
Crimes with Absolute Bars
1. Murder and Torture
An alien who commits a crime, such as murder, or is acquitted but likely committed it, will face ineligibility for a green card in the United States, regardless of where the crime occurred. Additionally, individuals involved in crimes resulting in torture cannot qualify for a green card. Even planning or conspiring to commit these offenses poses a significant barrier, whether or not the actual act took place.
Importantly, a prior conviction is not necessary for disqualification. If an individual commits these acts, immigration law treats them the same as a convict, even without a formal conviction. Thus, the legal effect of torturing is severe enough that an applicant who confesses to acting in this manner during an interview for a green card application will not be able to receive one.
2. Drug Crimes
Sustaining any involvement related to drugs is another important aspect whereby the eligibility of one to be granted a green card is considerably affected. Persons involved in selling and distributing contraband drugs, persons convicted of drug trafficking, or persons who helped, encouraged, supported, planned, or plotted to traffic drugs are not eligible to apply for a U. S. green card.
Possession of controlled substances also carries an absolute prohibition on obtaining a green card, but there are exceptions. For instance, possession of 30 grams or less of marijuana may be eligible for a waiver, provided it is the individual’s first offense.
3. Crimes Involving Moral Turpitude
An “aggravated felony” refers to serious criminal offenses in immigration law. While not all aggravated felonies lead to inadmissibility, some fall under the category of Crimes of Moral Turpitude. These immoral acts can sometimes be waived according to I.N.A. § 212(h).
However, obtaining a waiver for aggravated felony offenders can be difficult, especially for those whose crimes are categorized as B or C, which involve violence or danger. In rare cases, a waiver may be granted if the individual can show extraordinary circumstances beyond the usual situation. To support their waiver request, the individual must provide evidence of these unique circumstances.
Discovering Criminal Records
The U. S. government uses several techniques to reveal an applicant’s criminal record based upon the place where an applicant resides in the U.S. either through adjustment of status or he/she resides in another country and applies through consular processing.
1. Biometrics Appointment
When a person changes or has to amend their status when in the United States, the usual requirement is a biometrics appointment. On this visit, fingerprints are also rolled and checked in police records to ascertain the records of arrest and the outcome of the cases at law.
2. Police Certificates
3. Self-Reporting
Similarly, applicants must report any arrests or convictions by filling out specific forms during the application process. Additionally, US government officials may ask invasive questions during personal interviews, potentially regarding the applicant’s criminal record.
4. US and cross-national convictions
Both convictions in the United States and foreign convictions carry the same weight when determining a person’s eligibility for admission into the U.S.
For instance, local or state authorities in some instances in the U.S. may inform the federal authority when they’re arresting a non-U. S. citizen. However, as mentioned earlier, an individual can apply for a green card during the removal or deportation process, though a criminal record will count against them.
Are there any exceptions to the inadmissibility rules for green card applicants
There are exceptions to the inadmissibility rules for green card applicants? Here are some key exceptions and waivers that may apply:
1. Health-Related Grounds
- Communicable Diseases: Individuals with certain communicable diseases may be eligible for a waiver if they are the spouse, parent, or child of a U.S. citizen or lawful permanent resident. Waivers may also apply to those who have not received required vaccinations due to medical contraindications or religious objections.
2. Crimes Involving Moral Turpitude (CIMT)
- Petty Offense Exception: Individuals may be exempt from inadmissibility if they committed a crime before turning 18 and at least five years have passed since any confinement. Alternatively, if the maximum penalty for the crime was less than one year and the individual received a sentence of six months or less, they may also qualify for this exception.
- Single Controlled Substance Offense: A waiver is available for a single conviction involving possession of 30 grams or less of marijuana.
3. Extreme Hardship Waivers
- Family Ties: If denying admission would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent, applicants may qualify for a waiver.
4. Victims of Abuse
- VAWA protections: enable individuals who have been battered or subjected to extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent to qualify for waivers under the Violence Against Women Act (VAWA).
5. Trafficking Victims
- T Visa Holders: Victims of severe forms of trafficking may be eligible for waivers related to their inadmissibility.
6. Unlawful Presence Waivers
- Individuals who have accrued unlawful presence can apply for waivers if they can prove that their U.S. citizen or lawful permanent resident family members would face extreme hardship if they were denied the opportunity to stay in the United States.
7. Discretionary Waivers
- Immigration officials can waive certain grounds of inadmissibility at their discretion, especially if the applicant demonstrates rehabilitation and good moral character.
What health-related grounds are exempt from inadmissibility
Health-related grounds for inadmissibility can significantly affect an individual’s ability to obtain a U.S. green card. However, there are specific exceptions and waivers available for certain health-related issues. Here are the main health-related grounds that can lead to inadmissibility, along with information on exemptions:
Health-Related Grounds for Inadmissibility
Communicable Diseases of Public Health Significance
- Individuals with specific communicable diseases are considered inadmissible. The diseases include: Active Tuberculosis
- Certain other diseases that may require quarantine, as defined by Presidential Executive Orders, may also render individuals inadmissible, such as cholera and smallpox.
Failure to Show Proof of Required Vaccinations
- Applicants must provide evidence of vaccinations against vaccine-preventable diseases, such as measles, mumps, rubella, and polio. Failure to present proof of these vaccinations can lead to inadmissibility. However, exemptions exist if the vaccine is not age-appropriate or medically contraindicated.
Physical or Mental Disorders with Associated Harmful Behavior
- Individuals diagnosed with physical or mental disorders that result in harmful behavior, such as threats to themselves or others, may face inadmissibility. However, having a mental illness alone does not automatically lead to inadmissibility unless it is associated with harmful actions.
Drug Abuse or Addiction
- A history of drug abuse or addiction is a ground for inadmissibility. This includes any non-medical use of controlled substances beyond mere experimentation.
Exceptions and Waivers
Waivers for Health-Related Grounds
- Under INA §212(g), waivers may be available for certain health-related grounds of inadmissibility except for drug abuse and addiction. These waivers allow individuals to demonstrate that their admission would not pose a public health risk.
Medical Contraindications
- If an applicant cannot receive a required vaccination due to medical reasons (e.g., pregnancy), they may be exempt from that vaccination requirement.
Rehabilitation Evidence
- For those with mental health issues or past harmful behavior, demonstrating rehabilitation can support a waiver application.
Family Unity Considerations
- Authorities may grant waivers based on extreme hardship to U.S. citizens or lawful permanent resident family members if health-related grounds lead to an individual’s denial of admission.
Seeking Legal Guidance
It is thus important to seek the services of an immigration attorney when one is in a predicament of having a criminal offense against their name and dreams of having a green card. With work experience, a professional can evaluate the applicant’s qualifications for the immigration program, assist in filling out the required forms, and outline the legal reasons for granting the visa. They may also accompany you for physical interviews during visa processing or represent you in court where necessary.
When dealing with cleaning records and green cards, sometimes it is so confusing that one needs to seek the assistance of a professional. The first step for anyone pursuing the American Dream is to familiarize themselves with the basics of immigration law and understand the potential obstacles posed by a criminal record.
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 Card, 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.
