Can a Misdemeanor Crime Affect Your Green Card Application？
A green card is a valuable immigration status that grants individuals permanent residency in the United States. It allows them to live, work, and study in the country on a long-term basis, and it also serves as a pathway to citizenship. However, obtaining a green card is not an easy process. One of the factors that can affect a green card application is a misdemeanor crime. At Tung & Associates, our team of experienced attorneys focuses on civil and criminal litigation and can provide the legal guidance and representation you need to navigate the complex immigration process. In this article, we will explore the potential impact of a misdemeanor on a green card application.
What is a misdemeanor crime?
A misdemeanor is a type of criminal offense that is less serious than a felony. It has the potential to carry a sentence of up to one year in jail and/or a fine. Examples of misdemeanor crimes include petty theft, DUI, domestic violence, and simple assault.
Will a misdemeanor crime affect my green card application?
The short answer is that it depends on the type of misdemeanor and the circumstances surrounding the crime. When you apply for a green card, you will be subject to a background check that includes a review of your criminal record. If you have a misdemeanor on your record, it will be taken into consideration during the application process.
The United States Citizenship and Immigration Services (USCIS) evaluates each green card application on a case-by-case basis, taking into account factors such as the nature and severity of the offense, the length of time since the offense was committed, and the applicant's behavior since the offense occurred.
If the misdemeanor is a minor offense, such as a serious traffic violation, it is unlikely to have a significant impact on your green card application. However, if the misdemeanor is a more serious offense, such as domestic violence, drug possession, or DUI, it may raise concerns about your character and may result in a denial of your application.
It is important to note that even if the misdemeanor offense does not automatically disqualify you from obtaining a green card, it may still raise red flags during the application process. You will need to provide detailed information about the offense, including any mitigating factors that may have contributed to your behavior. It is also important to demonstrate that you have been rehabilitated and have not engaged in any criminal activity since the offense occurred.
What can I do if I have a misdemeanor on my record?
If you have a misdemeanor on your record and are applying for a green card, it is important to consult with an experienced attorney who focuses on both criminal and immigration law. They can help you evaluate your case and develop a strategy for presenting your application in the best possible light.
In some cases, it may be possible to have the misdemeanor expunged or sealed from your record after the criminal case has been adjudicated. However, expungement or sealing is not always possible, and the laws vary from state to state.
If the misdemeanor cannot be expunged or sealed, you will need to provide detailed information about the offense and demonstrate that you have taken steps to rehabilitate yourself. This may include completing a rehabilitation program, performing community service, or engaging in other activities that demonstrate your commitment to being a law-abiding citizen.
An experienced attorney who focuses on both criminal and immigration law can help you obtain the best results possible, based on the unique facts of your case. After the case is resolved, he can then help you seek to expunge or seal your misdemeanor, if that is an option. If you have a misdemeanor on your record, you should always consult with an attorney regarding your situation.
Contact an experienced attorney at Tung & Associates
Having a misdemeanor on your record can affect your green card application. However, with the right strategy and guidance from an experienced attorney, it is still possible to obtain permanent residency in the United States. At Tung & Associates, APLC, we are committed to providing personalized and effective legal representation to our clients. Our team of experienced attorneys can provide the legal support and representation you need. We will work closely with you to evaluate your case and develop a winning strategy for resolving your criminal case and presenting your immigration application. Contact us today to schedule a consultation and let us help you achieve your immigration goals.
Disclaimer:
The information provided in this article is for general information purposes only. It is not offered as legal advice and should not be construed or relied upon as such by a reader. Nothing contained in it is intended as legal advice or presented for the purpose of establishing an attorney-client relationship.