Can Prior Arrests have an Impact on a Green Card Application?
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.
