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
More particularly, the analysis of U. S. immigration law cannot leave out of consideration one of the key notions of the system: “inadmissibility. Also known as deportable crimes, it is the circumstances under which an alien may be denied a green card due to criminal conduct. However, it is worth since that not all criminal acts make an applicant inadmissible and some of the criminal acts will not affect the green card application much.
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
Some forms of criminal activity are considered as formulaic for the person to be issued a green card in the U.S. In these cases, there is no possibility to apply for a waiver and, therefore, it hardly can be possible to get a ‘green card’ if you ever committed one of these offenses. It is time to explore these crimes which for the majority of applicants are impenetrable taboos.
1. Murder and Torture
A crime that the alien was convicted of, or was acquitted of but probably committed, includes murder, and if this crime was committed in the United States or any other country, the alien will be ineligible for a green card in the United States. Furthermore, anybody who was involved in a criminal act with torture as its result is not qualified for a green card. Just the planning of the offenses in the form of attempts or conspiracies – even if the actual attempt or conspiracy was never carried out – creates this insurmountable obstacle.
Importantly, it is not even necessary that there has been a prior conviction and the defendant has been found guilty on the relevant charges. This means that whenever one has committed the said acts and even if they are not convicted, they are considered the same as a convict for immigration law purposes. 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.
This also has an absolute prohibitive clause for the green car but with exceptions, and this is the possession of substances that are controlled. Possession of 30 grams or less of marijuana is relevant, but it may be eligible for a waiver given it’s the first offense.
3. Crimes Involving Moral Turpitude
An ‘aggravated felony’ is a term used to describe different categories of severe criminal acts in immigration law. Even though not all aggravated felonies make the offender inadmissible, several of them also sneak into the Crimes of Moral Turpitude category. Immoral acts are listed as a result of the I. N. A. § 212 (h) cases that indicate that they can be waived.
Still, it is pertinent to admit that there are several difficulties in obtaining a waiver in case of the aggravated felony offenders, particularly if the crime committed belongs to the group b or c, which is associated with violence or danger. Shelter may be provided when extreme cases and circumstances that are beyond ordinary can be brought forward and proved to act as the basis through which a standard layoff can be allowed to go through the process of waiver.
Discovering Criminal Records
The U. S. government uses several techniques to reveal an applicant’s criminal record based upon the place of how 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
People who would like to engage in immigration to the United States or attain a green card for purposes of immigration from other countries may be required to submit a police clearance certificate showing their conduct records including the country they are from or currently living in and any other country they have lived in for more than six months.
3. Self-Reporting
In the same way, applicants are required to report on any arrest or conviction by filling out some forms in the application process. Coupled with this, questions that may be deemed invasive may be asked to the US government officials during personal interviews which could be regarding the prisoner’s criminal record.
4. US and cross-national convictions
Convictions that were made in the United States as well as foreign convictions have the same value when it comes to determining whether the person being considered is eligible to be admitted 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 indicated above, the individual is allowed to apply for a green card during the removal or deportation process; however, the presence of a criminal record will be counted against the individual.
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. Having work experience, a professional will be able to evaluate whether the applicant is qualified for the immigration program, help to fill in the required forms and state the legal reasons why this person should be granted 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 very first thing that the American dream seeker can do is get familiarized with the general concepts of immigration law and the possible obstacles that may be created by a criminal record.
