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How Can a Criminal Conviction Affect a Green Card Holder in the U.S.?

A criminal conviction can have significant and lasting consequences for any individual, but especially green card holders and applicants. Any type of criminal record can be detrimental to immigrants and non-citizens in the United States. Understanding the possible repercussions of a criminal conviction is crucial for all immigrants in the U.S. For more information and to secure skilled representation during your case, reach out to a Rockland County criminal defense attorney today.

What is a Green Card?

A green card, officially referred to as a Permanent Resident Card, is an identification document that shows that the holder has lawful permanent residence in the United States. It allows foreign nationals to live and work permanently in the U.S.

The green card grants the holder many of the same rights and benefits as a U.S. citizen, but not the full rights and privileges. It does, however, give the holder a pathway to citizenship down the line.

Can a Criminal Conviction Prevent Me from Obtaining a Green Card?

If you are applying for a green card, a criminal record can be a serious obstacle in your way. To secure lawful permanent residency, you must demonstrate that you are of good moral character. A criminal conviction on your record could make immigration officials believe that you are not of good character.

The Immigration and Nationality Act (INA) lists certain crimes that make an individual inadmissible ot the U.S., including the following.

  • Crimes involving moral turpitude (fraud, theft, violent offenses, etc.)
  • Drug crimes
  • Prostitution or human trafficking
  • Multiple criminal convictions

A conviction for these offenses could prevent you from receiving a green card. It is important to note that not all criminal convictions result in inadmissibility. However, they can make it much more challenging to secure a green card.

How Can a Criminal Conviction Affect a Green Card Holder?

If you are already a green card holder in the United States, a criminal conviction can have even more serious consequences. Being convicted of a crime can impact your eligibility for certain immigration benefits and jeopardize your ability to become a U.S. citizen or even remain legally in the United States.

Depending on the type and severity of the crime, the U.S. government could initiate removal proceedings (deportation) against you. This generally only applies to aggravated felonies, crimes of moral turpitude, drug offenses, or domestic violence offenses.

Additionally, it can hurt your chances of becoming a citizen. To be eligible for naturalization, you must demonstrate that you have maintained good moral character in the years leading up to your application. Having a criminal conviction may disqualify you, especially if the offense is seen as a sign of poor moral character.

You could also face difficulties trying to travel in and out of the country. If your conviction is grounds for inadmissibility, you could be denied re-entry into the U.S. after traveling abroad. For more information on the legal implications of an immigrant’s criminal conviction, reach out to a skilled attorney today.

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