You will need to file based on the waiver procedures of the embassy or consulate, as the process varies from one embassy to another. The Effect of a Misdemeanor Conviction on Getting a Green Card . You may be able to adjust status under INA section 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA section 245(a). Share sensitive information only on official, secure websites. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. If you were recently convicted, the likelihood of facing denial is higher than if the crime happened in the distant past. Official websites use .gov I’ve been meaning to apply for citizenship, but haven’t yet gotten around to it.) Whether you are about to file your petition or have already faced a denial on criminal history grounds, we can help. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. While you may also submit it while your application is pending or after your green card interview, it is usually better to file a waiver with your I-485 to avoid delays. If you are currently in the United States and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country. “Moral turpitude” is not clearly defined by Congress, so there have been varying conclusions drawn by different courts when deciding what constitutes moral turpitude. For more information on applying for a Green Card when you are in the United States, see the Instructions for Form I-485 (PDF, 539.23 KB). You cannot qualify for a Green Card as the derivative beneficiary based on the immediate relative’s application. I'm impressed with the caliber of your work, I really appreciate your help. Thanks again. If you are applying for a marriage-based green card while in the United States, you may file a waiver alongside your I-485. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. Immigration officials may deport you or downgrade your status on the basis of a felony or even a non-felony conviction, depending on your current status, the type of offense, and the specific facts surrounding your case. See Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. How does a green card holder for 3 years get a U.S. Passport? Please explain why you are flagging this content: * This will flag comments for moderators to take action. Nicastro Piscopo A Professional Law Corporation. Copyright © 2009 - 2020 SGM Law Group | Privacy Policy | Disclaimer | Practice Limited to Immigration & Nationality Law, U.S. marriage-based green card application, Aggravated felonies as listed by the federal Immigration and Nationality Act, inadmissibility on past criminal activities, The illicit trafficking of firearms or destructive devices, Theft or Violence with imprisonment of up to one year, Gambling, racketeering of up to a year imprisonment, Human trafficking, transporting and managing for prostitution, Being convicted for prostitution or crime related to prostitution, If you were convicted for being in possession of fewer than 30 grams of marijuana. Certain crimes will render you inadmissible, such as murder and rape or burglary. listings on the site are paid attorney advertisements. Lawyers from our extensive network are ready to answer your question. People who submit reviews are clients of law firms who hired a lawyer within the last year, whose matter is not pending and who want to share their experience of that lawyer or law firm with other potential clients. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. I got arrested recently, and my lawyer thinks he can work out a plea agreement where only a misdemeanor goes on my record and I don’t have to go to jail. All reviewers are verified as attorneys through Martindale-Hubbell’s extensive attorney database. You will be asked a series of questions. We will examine your case and determine the best way to approach it. I don't want to live back in the states but I would like my green card back so I can travel back and forth without using a visa. The content of the responses are entirely from client reviewers. When filing an application, green card applicants are always required to state whether they have been convicted or arrested in the past, as this is one of the bases by which immigration officers will determine your admissibility. If you are caught through this way, there will be severe punishment which could include denial of marriage-based green card, barring from future immigration attempts, or even deportation if you are already in the U.S. One of the criteria for getting a green card is for an applicant to demonstrate good moral behavior for the 3-5 years leading up to their application. Past court decisions may also come into play when determining if your crime fits into this category. Reviewers can be anyone who hires a lawyer including in-house counsel, corporate executives, small business owners and private individuals. Generally, the criminal conviction history of a U.S. citizen will be irrelevant regarding eligibility to sponsor a foreign national spouse to adjust status to become a Lawful Permanent Resident (to get a "Green Card"). Martindale-Hubbell validates that the reviewer is a person with a valid email address. You can schedule a consultation with one of our immigration lawyers today by filling out this contact form. Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. You are an immediate relative if you are: If you are a widow or widower of a U.S. citizen, please see Green Card for Widow(er)s for information about how to apply for a Green Card. You should submit the following documentation and evidence to apply for a Green Card as an immediate relative who is already in the United States: Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94; Note: Certain forms, including Form I-485, have a filing fee. As part of your application process, you will undergo biometric screening (involving fingerprint checks), which will reveal your past records, including any crimes you have committed in the past. Needless to say we are now pursuing our business endeavours in the USA. Please see USCIS’ Filing Fees and Fee Schedule for more information. Martindale-Hubbell® Peer Review Ratings™ are the gold standard in attorney ratings, and have been for more than a century. Immigrant visas for immediate relatives of U.S. citizens are unlimited, so the visas are always available. Whether you are applying through consular processing in your home country or adjusting your status in the U.S., there is a section of your application form meant for inadmissibility on past criminal activities. Ordinarily, the U.S. marriage-based green card application is a highly scrutinized visa procedure due to how common fraud cases are. What would disqualify a green card sponsor? I was immediately convinced she is the right Attorney I should stick with. This is called “adjustment of status.”. I would highly recommend SGM law group immigration services. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible. confidential relationship is or should be formed by use of the site. By Ilona Bray , J.D. This usually happens due to: Immigration fraud. The US green card can make the green card holder a permanent resident of the US for life. This article gives you a complete guide on the types of crimes that may impact your marriage-based green card application process and how to file your petition if you are affected. Malicious intent refers to whether you actually committed the offense, just made an attempt, or conspired with others in planning or carrying it out. Can I get a green card if convicted of a felony even though I am married to us citizen? Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. You must submit the I-601 with supporting evidence, such as proof that establishes you may qualify for a waiver or evidence that not granting you a marriage-based green card will cause extreme hardship your spouse. Having met with two attorneys before our consultation with Miss Shilpa she really stood out so to speak. You are eligible to receive an immigrant visa if you are the beneficiary of: Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status. Your access of/to and use The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Please also see our page on Form Filing Tips. If you have a record of arrests or convictions, your immigration application will require more attention than usual. The team has been very professional and responsive over email and phone. Professional, responsive and transparent are a few words that come to mind when looking back at our dealing with this law firm. This rating signifies that a large number of the lawyer’s peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. Yes, a convicted felony may still be eligible for a Green Card. Some crimes such as murder, drug trafficking, and other felonies generally make people unqualified for the waiver request. You will need to file an I-601 form to request for a waiver. Can a convicted felon get a green card from their citizen spouse? For more information, see our pages on Concurrent Filing and the Form I-130, Petition for Alien Relative. In most cases, this status is truly permanent, but in some very rare cases, the green card can be revoked. Regardless of how minor the case is, you should ensure that it is stated in the petition, as lying or intentionally obscuring information will make your situation more complicated. Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable); Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see, If you currently hold A, G, or E nonimmigrant status, include. Fortunately, while your past crime may make your approval chances slimmer, it doesn’t automatically mean denial. The effect of a misdemeanor conviction on your ability to get a Green Card is not straightforward and one of the many reason why it is critical to consult with and retain an immigration attorney. i have just received our passports from the US Consulate, with the approved visa stamped.I would like to take this opportunity to thank you and your team for being there since the very beginning and helping me through out this whole process. You may also apply for an advance parole document by filing a Form I-131, Application for Travel Document.