If you are a U.S. lawful permanent resident who has been convicted of a felony—or indeed any crime—then applying to renew your green card carries risk. … It expires every ten years, and you are legally obligated to carry a valid green card with you at all times.
Can you get a green card if you have a felony?
Under U.S. immigration law, being convicted of an “aggravated felony” will make you ineligible to receive a green card. … Instead, for green card seekers, “aggravated felonies” are a specified list of crimes that the United States Congress has decided will make an immigrant inadmissible to the United States.
Can you get a green card if you have a misdemeanor?
About Misdemeanor Offenses
Even if you were convicted of a misdemeanor, you may not be eligible for permanent resident status. Immigration laws may classify the conviction in a different manner than the criminal code in the jurisdiction where you were convicted.
How does a felony affect immigration status?
Once an immigrant has been convicted of a felony, they immediately become deportable. … If you are a refugee, you may be deported after a criminal conviction, even if you face persecution in your home country. Non-citizens would no longer be allowed in the United States and would be deported.
What happens when a green card holder commits a crime?
If your crime matches one of the “grounds of deportability” found in U.S. immigration law, you could be placed into removal proceedings and ultimately deported from the United States. … You need to tell your criminal defense lawyer about your immigration status as soon as possible.
Can you apply for U.S. citizenship with a felony?
If you have ever been convicted of one of the following, you are permanently denied U.S. citizenship: murder, or. an aggravated felony (if the conviction was after November 29, 1990).
What crimes affect citizenship?
Crimes that Result in a Permanent Automatic Bar to Citizenship
- Rape.
- Drug trafficking.
- Any crime of violence or theft that can be punished by a year or more of incarceration.
- DUI (sometimes)
- Sex with a partner who is under the age of consent (18 in some states, including California)
- Money laundering over $10,000.
Does a misdemeanor affect green card renewal?
Thus a misdemeanor can, depending on how your state’s law is written, potentially be deemed an aggravated felony or other serious crime for immigration purposes. Situations of this sort can lead to denial of the green card renewal as well as removal from the United States.
Can you renew your green card with a misdemeanor?
If you are a U.S. Lawful Permanent Resident, you must renew your green card every ten years by filing Form I-90. … If you have been charged or convicted with a crime, even a misdemeanor crime, and need to renew your green card, you should consult an attorney experienced in both criminal and immigration law.
What kind of background check does USCIS do?
A.
The background and security checks include collecting fingerprints and requesting a “name check” from the Federal Bureau of Investigations (FBI). In addition, USCIS conducts other inter-agency criminal background and security checks on all applicants for naturalization.
Can a deported felon return to us?
Once you have been deported, the United States government will bar you from returning for five, ten, or 20 years, or even permanently. Generally speaking, most deportees carry a 10-year ban. The exact length of time depends on the facts and circumstances surrounding your deportation.
What is considered an aggravated felony for immigration?
Aggravated felonies are a class of crimes with serious immigration consequences for non-U.S. citizens. … These include violent felonies such as murder, rape and kidnapping. But a crime does not need to be a felony to be considered an aggravated felony.
How can a felon avoid deportation?
You may be eligible to file an I-601 Waiver in order to avoid removal proceedings based on a criminal conviction. A waiver is when the federal government excuses the criminal offense and allows you to either (1) keep your green card; or (2) apply to adjust your status.
What crimes can get your green card revoked?
Ways a Green Card Can Be Revoked
- Crime. Natural-born citizens might go to jail if they commit a serious enough crime, and an additional risk for people holding a green card is revocation. …
- Immigration Fraud. …
- Application Fraud. …
- Abandonment.
Can a naturalized U.S. citizen be deported for a felony?
While immigration law may be cut-and-dry in some instances, the straightforward answer to this question is – no. US citizens by birth or naturalization cannot be deported. If they commit a criminal offense, all due process takes place within the country’s legal framework.
What crimes make a green card holder deportable?
The five major categories of “deportable crimes” are:
- Crimes of moral turpitude,
- Aggravated felonies,
- Controlled substances (drug) offenses,
- Firearms offenses, and.
- Domestic violence crimes.