For many, a misdemeanor offense may have a seemingly minor effect on life. However, if you plan on applying for a green card in the United States, it’s crucial to understand the factors that can impact your eligibility. Please continue reading to learn whether a misdemeanor charge will disqualify you and how our determined Essex County Green Card Attorneys can guide you through these complex matters.
Will a Misdemeanor Prevent Me From Receiving a Green Card?
Under certain circumstances, a foreign national is not permitted to enter to remain in the United States or receive a green card even if otherwise eligible for it. These circumstances are commonly referred to as grounds of inadmissibility under the Immigration and Nationality Act. While no one will be surprised to learn that major crimes, such as murder and terrorism, disqualify foreign-born indivduals from receiving a green card. However, it’s important to understand that even misdemeanor charges that the law deems minor enough to punish with less than a year of potential jail time, could render you inadmissible.
Nevertheless, a misdemeanor offense may not be enough to bar you from obtaining permanent lawful residence. Many misdemeanors can be crimes of moral turpitude. These crimes are grounds for inadmissibility. Generally, crimes that fall under moral turpitude involve fraud, violence, or moral depravity. It’s important to understand that state laws vary. This means that your offense could be classified as a petty offense or a misdemeanor. As such, it’s in your best interest to connect with a seasoned attorney who can assist you through these issues.
To further complicate matters, a foreign national who was never actually convicted of a misdemeanor can be found inadmissible. For instance, if an individual with a recent arrest for drug possession is found “not guilty” based on a procedural error, they may be deemed a “drug abuser,” which is a medical ground for ineligibility.
What Can I Do?
Despite having been convicted of a crime involving moral turpitude, you may avoid inadmissibility by employing the petty offense or youthful offender exception. If the petty offense imposes a penalty with a maximum sentence of one year, but you spent less than six months in jail. If you were under 18 years old when you committed the criminal offense, you can use the youthful offender exception, as long as you were not tired and convicted as an adult for a felony involving the use of physical force against persons or property. Furthermore, depending on the unique circumstances, you may be eligible to apply for a waiver, which will remove your grounds of inadmissibility.
As you can see, various issues can arise when applying for a green card with a criminal record. At the Law Offices of Christopher T. Howell, Esq., we understand how complicated these matters can be. As such, our dedicated legal team is committed to assisting you in obtaining lawful permanent residence. Connect with us today to learn how we can fight for you.
