Immigrating to the United States can be a challenging journey, and one factor that significantly influences the process is an individual’s criminal history. Understanding the intricate relationship between criminal convictions and immigration eligibility is very important. If you have criminal history or a pending criminal matter, you should always consult with an experienced immigration attorney for advice about the potential immigration consequences.
Why is criminal history so significant in the immigration context?
Certain criminal convictions can cause individuals to be found inadmissible to the U.S., which means that by law, they are not allowed to enter or remain in the country. The U.S. immigration system has a list of crimes, including but not limited to serious offenses like drug trafficking, violent crimes, and crimes of moral turpitude, that can result in an inadmissibility determination and lead to the denial of an application, entry to the U.S., or deportation.
The severity of the criminal offense plays a pivotal role in immigration determinations. Not all crimes will make a person inadmissible to the U.S.. For example, a speeding traffic ticket would not make someone inadmissible. However, serious crimes can have lasting consequences. And for those already residing in the U.S., a criminal conviction can create a risk of deportation. Immigration authorities may initiate removal proceedings, especially if the criminal conviction falls under the category of an aggravated felony or other serious offense.
How does one overcome a criminal history ground of inadmissibility?
In some cases, individuals with criminal history may seek waivers to overcome inadmissibility. The impact of criminal convictions on immigration eligibility is multifaceted and requires a full legal analysis. Engaging in rehabilitation programs, demonstrating a period of good conduct, and potentially seeking inadmissibility waivers are all potential options to explore with an experienced immigration attorney. This is not an area in which you shouldn’t engage in self-help. It’s important to work with an attorney familiar with the local criminal code as well as federal immigration laws.
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