1. What is an inadmissible conviction for immigration purposes?

An inadmissible conviction for immigration purposes is a criminal conviction that can prevent an individual from obtaining a visa, green card, or other immigration benefit. Examples of inadmissible convictions include violent crimes (such as murder or assault), certain drug crimes, and other offenses such as fraud or passing bad checks.

2. How does a criminal conviction affect my eligibility for a visa or green card?

A criminal conviction can have a major impact on a person’s eligibility for a visa or green card. Depending on the type of conviction, the Department of Homeland Security may deny a visa or green card application. In some cases, a waiver may be granted, but this is not guaranteed. Additionally, a criminal conviction can result in the removal of an individual who is already in the U.S. on a visa or green card.

3. What types of criminal convictions can bar a person from entering the U.S.?

A person can be barred from entering the U.S. if they have been convicted of certain criminal offenses, such as crimes involving moral turpitude, aggravated felonies, controlled substances, and firearms. In addition, certain terrorist activities and foreign policy offenses can also result in entry denial.

4. What is the difference between a conviction and an arrest?

A conviction is a formal declaration by a court or other legal authority that someone is guilty of a crime, while an arrest is the act of taking someone into police custody because they are suspected of breaking the law.

5. Do I need to disclose my criminal record when applying for immigration benefits?

Yes, you should always disclose your criminal record when applying for immigration benefits. Depending on the type of crime and the severity of it, you may be found inadmissible to the United States. Therefore, it is important to be honest and upfront about your criminal record when applying for immigration benefits.

6. Can I expunge or seal a criminal record for immigration purposes?

It is possible to expunge or seal a criminal record for immigration purposes, however the process and outcome depend on the individual’s circumstances. Generally, if someone has a criminal record that was either dismissed or reduced to a lower charge, they may be eligible for expungement or sealing. Additionally, some states may have laws that allow for expungement of certain immigration-related offenses. It is important to note that even if the record is sealed or expunged, it can still be accessed by certain government agencies and may be considered by immigration authorities when making decisions about an individual’s application or status. Therefore, it is important to consult with an experienced immigration attorney to determine if you are eligible and if expungement or sealing is a viable option.

7. What is an aggravated felony for immigration purposes?

An aggravated felony for immigration purposes is a criminal offense that carries a possible sentence of at least one year in prison, or an offense involving fraud or deceit where the loss to the victim exceeds $10,000. It also includes murder, rape, sexual abuse of a minor, drug trafficking, and firearms trafficking. Aggravated felonies can result in deportation or exclusion from the United States and a permanent bar from re-entry.

8. How long does a criminal conviction affect my immigration status?

Criminal convictions can affect immigration status for an indefinite period of time. Depending on the nature of the conviction, it could have permanent effects.

9. Can I travel outside of the U.S. if I have a criminal conviction?

It depends on the type of conviction and the country you plan to visit. Some countries may deny entry to individuals with certain convictions, so it is important to check with the embassy or consulate of the country you wish to visit prior to travel.

10. Can I obtain a waiver for my criminal conviction to be able to immigrate to the U.S.?

In certain circumstances, you may be able to obtain a waiver if your criminal conviction makes you inadmissible to the U.S. Depending on the nature of your conviction and the type of visa you are applying for, the waiver process can be complex and you should seek legal guidance before applying.

11. What is the definition of a deportable offense?

A deportable offense is a criminal or civil violation of law that can lead to the deportation of an immigrant or non-citizen. Generally, deportable offenses include but are not limited to felonies and certain misdemeanors, fraud or misrepresentation in obtaining a visa or other immigration benefit, failing to register with the government as a non-citizen, or being inadmissible at the time of entry into the United States.

12. Are there any defenses available in US immigration court regarding criminal convictions?

Yes, there are several defenses available in US immigration court regarding criminal convictions. These include demonstrating that: the conviction was overturned or vacated, the convicting court erred in its judgment, the conviction was for a non-removable offense, the conviction was obtained through fraud or ineffective assistance of counsel, the conviction was obtained at a time when the immigrant was a juvenile, or the immigrant has been rehabilitated since the criminal offense.

13. How does being convicted of a felony in the US affect my ability to obtain permanent residence?

Under immigration law, those convicted of a felony may be barred from obtaining permanent residence in the US. The exact nature of the crime and any circumstances surrounding the conviction will be taken into consideration. Certain crimes, such as drug offenses, can result in permanent bars from entering the US.

14. How does being convicted of a misdemeanor in the US affect my ability to obtain permanent residence?

Being convicted of a misdemeanor in the US can affect your ability to obtain permanent residence, as it is considered a criminal offense. It may lead to the denial of your application for permanent residence, as such offenses are seen as a violation of U.S. immigration law. Depending on the severity of the misdemeanor and the type of visa you are applying for, you may need to obtain a waiver or demonstrate that you have been rehabilitated. In addition, some misdemeanors can lead to deportation proceedings. It is important to speak with an immigration attorney to understand how your particular conviction may affect your application for permanent residence.

15. How do prior criminal convictions show up on immigration applications?

Prior criminal convictions will typically show up on immigration applications as part of the criminal background check that is conducted. The immigration application will ask applicants to list any prior convictions and may require applicants to provide official documentation from the court that handled the conviction. The specific consequences for a prior criminal conviction depends on the type of conviction and the immigration application, but generally, a prior criminal conviction can result in a denial of an immigration application.

16. Is there any way to get around an immigration ineligibility due to a criminal conviction?

It depends on the type of criminal conviction. In some cases, individuals with a criminal conviction may be able to apply for a waiver or for other forms of relief from ineligibility. However, it is important to consult with an immigration lawyer for specific advice as each case is different.

17. What are humanitarian waivers available for people with criminal convictions?

Humanitarian waivers are available for some people with criminal convictions who would otherwise be ineligible for immigration benefits. These waivers are granted by the US Department of Homeland Security (DHS) on a case-by-case basis in order to prevent extreme hardship to a qualifying family member. Examples of extreme hardships that may warrant a waiver include serious health conditions, financial implications, emotional trauma, and other factors. To be eligible for a humanitarian waiver, applicants must demonstrate that their inadmissibility would cause “exceptional and extremely unusual hardship” to a qualifying family member who is a U.S. citizen or legal permanent resident.

18. How does an immigrant appeal a deportation order resulting from criminal convictions?

An immigrant can appeal a deportation order resulting from criminal convictions by filing a petition for review with the appropriate court of appeals. The immigrant must also exhaust all administrative remedies, meaning they must first appeal to the Board of Immigration Appeals. The Board of Immigration Appeals will review the decision made by the immigration court and may choose to reverse the deportation order. If the Board of Immigration Appeals does not reverse the deportation order, then the immigrant can file a petition for review with the appropriate court of appeals.

19. Does the type of conviction matter when it comes to immigration consequences?

Yes, the type of conviction matters when it comes to immigration consequences. Some criminal convictions, such as drug-related offenses and violent crimes, can lead to particularly serious immigration consequences, including being ineligible for certain forms of immigration relief, being barred from the United States, or even being subject to deportation.

20. Are there any programs available that help foreign nationals with criminal convictions navigate their immigration situation?

Yes, there are programs available that help foreign nationals with criminal convictions navigate their immigration situation. The Immigrant Defense Project (IDP) is a non-profit organization that provides assistance to immigrants who have been convicted of certain criminal offenses. Their services range from providing legal advice and representation to providing education, outreach, and community organizing. Additionally, the American Friends Service Committee (AFSC) provides legal assistance to immigrants dealing with criminal convictions. They offer free or low-cost legal consultations and represent immigrants facing deportation proceedings.