Chances of Criminal Record Affecting Immigration (Part: 2)
Read part one here
Finding the Law on Which Crimes Bar One From U.S. Citizenship
Even if a crime does not result in deportation, it may keep the offender from naturalizing as a citizen of the United States. For instance, a person convicted of unlawful gambling cannot become a citizen because it demonstrates a lack of moral character; they are not subject to deportation.
Being of good moral character is a need for citizenship, especially five years before submitting a naturalization application. (It is less if you qualify for an exception allowing you to apply for citizenship earlier, such as by marriage to a citizen of the United States.) The reasonable moral character statute in I.N.A. Section 101(f) contains a list of offenses or crimes. You’ll notice that the final two things on the list state that they are applicable even after the five-year window has passed. They are referred to as the insurmountable obstacles to morality. You are ineligible to seek naturalized U.S. citizenship if you have ever been convicted of an aggravated felony, taken part in the genocide, or undergone torture.
Looking at USCIS Guidance Can Also Help
Although studying the laws is necessary, doing so might be difficult. It can be challenging to understand what the law means for you because they are sometimes ambiguous and written incomprehensibly. Examining what the American government has to say about your offense is the next step. Start by looking at the USCIS Policy Manual. This is a helpful collection of USCIS policies that describe various pieces of immigration law.
Volume 12, which covers the citizenship application process, has useful information on the need for moral character. Admissibility is discussed in Volume 8. Although it omits the criminal reasons for inadmissibility, it gives an in-depth discussion of inadmissibility resulting from fraud or deception and illustrates how an officer considers inadmissibility issues during an application process. Finally, Volume 9-part B addresses the issue of extreme hardship, which is required in practically every waiver of inadmissibility, whether related to a crime or not. Another place to look is the State Department’s Foreign Affairs Manual. It is intended to help consular officers adjudicate visa applications and includes good information.
Helpful Instructions are included on every immigration form
The instructions for USCIS forms specific to the immigration benefit you want to apply for are another place to look. They can be helpful in determining the implications of your crime for you.
For instance, you can look at the instructions for the green card application form (I-485) if you are concerned about being inadmissible for reasons of changing status within the U.S. These inform you that if you are ineligible, you may still be able to request a waiver and point you in the direction of the instructions for the relevant form to complete (Form I-601 or Form I-212). Each USCIS form’s instructions section begins with a discussion of who must file that form, which can help determine whether you need a waiver. To find the instructions for a form, type in the website address for USCIS (www.uscis.gov), add a forward slash (“/”), and then type the form name, for example, www.uscis.gov/I-485. The instructions are usually the second downloadable PDF document on the page.
When someone is accused or detained for a crime or unlawful activity, it’s best to hire an immigration attorney along with a criminal defense lawyer and have them work together on a solution, so the immigration status is not at risk. Attorney Raju Mahajan & Associates has been assisting individuals with a variety of immigration matters for some time now. Our immigration law firm offers a wide range of legal services, including online consultations, which clients can access no matter where they are located.
