Many foreign nationals who are seeking permanent resident status, commonly referred to as a “green card,” have had legal problems in their past and are justifiably concerned about whether their record will affect the outcome of their application. Fortunately, in many instances, people are able to get a green card in spite of a criminal record, often due to the assistance of an experienced attorney. The information below is some basic information about how prior arrests can affect green card applications and how you may be able to get one even if you have been convicted of a crime in the past.

What Kinds of Offenses can Make an Individual Inadmissible?

There are certain offenses that will disqualify a person from being able to obtain a green card without further legal action. Some of these offenses include the following:

• Drug offenses
• Money laundering
• Prostitution
• Human trafficking
• Kidnapping
• Terrorism
• Certain violent crimes

Fortunately for people that have been convicted of these or other criminal offenses, they may still be able to obtain permanent resident status by pursuing a waiver or inadmissibility, which is a formal request for the government to overlook a criminal record. In order to be eligible to receive a waiver of inadmissibility due to a criminal record, one of the following situations must apply in your case:

• More than 15 years have passed since the disqualifying event
• You have spouse, child, fiancé, or parent who will experienced extreme hardship if you are denied permanent resident status

Importantly, requests for waivers of inadmissibility are reviewed on a case by case basis, and immigration officials have significant discretion in deciding whether to grant a waiver in a particular case.  People seeking a waiver of inadmissibility are afforded an opportunity to establish their good moral character during the process, so the assistance of an attorney familiar with the process can be of significant help.

Contact a New Jersey Immigration Attorney Today to Discuss Your Case

If you are considering applying for a green card and have a criminal record, you should contact an experienced lawyer prior to filing any paperwork with USCIS.  New Jersey attorney Ronald P. Mondello is a skilled criminal defense and immigration attorney who is committed to helping his clients enter and remain in the United States. To schedule a consultation with Mr. Mondello, call our office today at 973-838-3500 or send us an email through our online contact form.

You may be aware of the fact that under U.S. law, many criminal defendants have the legal right to an attorney. In cases in which a person cannot afford an attorney, a court will appoint a lawyer to represent a defendant who has been accused of certain serious criminal offenses. This right forms the basis of the Miranda warning issued by law enforcement, which anyone who has watched a TV show or movie related to law enforcement has almost certainly heard.

Less commonly known is the fact that criminal defendants are not just entitled to an attorney, they are entitled to an effective attorney. When a lawyer fails to provide effective assistance, their client may be able to bring an ineffective assistance of counsel claim in order to have their conviction reviewed. In order to successfully bring an ineffective assistance claim, a criminal defendant must be able to establish the following two facts:

• That his or her attorney’s performance fell below an objective standard of reasonableness
• There is a reasonable probability that the outcome of his or her case would have been different had it not been for the lawyer’s ineffective assistance

Importantly, an ineffective assistance claim is different than a claim against an attorney for legal malpractice – but both types of cases are often pursued simultaneously. A legal malpractice claim is a civil suit that a former client pursues directly against an attorney and, if the claim is successful, the client can recover damages. An ineffective assistance claim, in contrast, is request for a court to overturn a conviction. These types of claims often arise in the context of criminal law and immigration when a lawyer fails to advise his or her client about the potential immigration consequences of accepting a plea bargain. In some cases, this type of ineffective assistance can result in serious consequences, including deportation for relatively minor offenses.

Contact a New Jersey Crimmigration Lawyer Today to Schedule a Case Evaluation

The best way to avoid having to raise an ineffective assistance of counsel claim in the future is to retain an experienced attorney at the outset of your case. Attorney Ronald P. Mondello has been licensed to practice law in the state of New Jersey since 1993 and has the experience required to bring your case to the best resolution possible. Do not hesitate to call our office today to schedule a free consultation with Mr. Mondello. You can also send us an email through our online contact form.

While a criminal case is a serious matter for anyone, foreign nationals often also face serious consequences in relation to their immigration status. This is true for anyone that is not a full citizen, including people who have established permanent residency (obtained a green card). In fact, in some cases, even a naturalized citizen may be “denaturalized” if he or she is convicted of a serious crime. For this reason, it is imperative for anyone that is facing a criminal case that may have immigration consequences to speak with an experienced New Jersey crimmigration attorney immediately.

What Kinds of Issues can Arise after a Criminal Conviction?

A criminal conviction can affect foreign nationals in a number of ways, including the following:

• Mandatory detention
• Ineligibility for renewal of a green card
• Prevent a person from obtaining permanent resident status
• Significantly restrict travel

Fortunately, there are ways in which an attorney can help immigrants avoid these and other potential consequences associated with a criminal conviction. In some cases, a conviction itself can be avoided while, in others, the immigration consequences of a conviction can be minimized or avoided. In any case, all potential options should be fully explored by a lawyer familiar with representing non-citizens facing a criminal case.

Plea Bargains should be Carefully Reviewed Prior to Acceptance

The vast majority of criminal cases are resolved through the plea bargain process. A plea bargain generally involves a defendant agreeing to plead guilty to a lesser offense or reduced sentence. In some cases, a plea bargain may avoid a conviction upon the successful completion of probation, but still may be considered a criminal “conviction” under federal immigration law. For this reason, foreign nationals who are considering accepting a plea bargain should always have their agreement thoroughly reviewed by an attorney familiar with U.S. immigration law in order to fully understand any immigration consequences that could occur as a result of accepting it.

Contact a New Jersey Crimmigration Lawyer Today to Discuss Your Options

If you are a foreign national who is facing allegations of criminal misconduct, you should contact an experienced attorney. In cases in which a conviction could have immigration consequences, it is critical for defendants to retain a lawyer that understands how criminal law and immigration law interact. With more than 20 years of experience practicing law in the state of New Jersey, crimmigration lawyer Ronald P. Mondello can bring your case to the best possible outcome. To schedule a consultation with Mr. Mondello, call our office today or send us an email through our online contact form.