ARRESTS AND CRIMINAL HISTORIES
When considering immigration consequences, an arrest or criminal conviction may cause a serious complication for an immigrant and/or Lawful Permanent Resident. On the other hand, depending on the arrest or conviction it may not be problematic to a persons immigration status.
Things become more complicated when an arrest or conviction considered to be a minor offense under state law, or a reasonable outcome in a criminal court, become a serious problem when applied to Federal Immigration Law. It is worth knowing the difference.
Arrests and Criminal Histories
- An arrest alone is not a problem if it does not result in a criminal conviction.
- An arrest that results in a conviction may be a problem depending on whether the conviction is a misdemeanor or a felony.
- Generally, a single misdemeanor conviction will not affect your immigration case but more than one conviction can be a problem.
- Certain felony convictions and misdemeanor convictions that carry a sentence, or suspended sentence, of one year or more, may prevent you from ever obtaining an immigration benefit.
- If you are already a Lawful Permanent Resident, certain felony convictions or a sentence or suspended sentence, of one year or more, can result in USCIS revoking your Green Card and placing you in deportation proceedings.
- You may have a problem with Immigration if you currently find yourself facing a criminal or misdemeanor offense and you are:
- a Lawful Permanent Resident (Green Card holder)
- considering becoming a Lawful Permanent Resident (Green Card holder)
- an undocumented (illegal) Immigrant
If you have ever been arrested, stopped at the border, falsely claimed to be a US Citizen or been ordered deported it is strongly advisable to perform an FBI fingerprint check to establish your current status in the US. Normally, the results are back within ten weeks.
Law Offices Jon E. Jessen, LLC will coordinate the FBI fingerprint check. Our office retains the service of a fingerprint expert on a case-by-case basis to ensure the fingerprints are correctly taken. The fingerprint card is filled out at our Stamford office location and the request is sent directly to the FBI. Our office then receives the results and will be able to determine if there are any potential problems with your immigration status.
Suggested Plan of Action
If you are concerned about how an arrest or criminal history will affect your dealings with Immigration we suggest the following plan of action:
- Contact the clerk at the courthouse that handled your case, and establish what you were charged with and how the charge was resolved. In most States, the court will issue a certified document called a Court Disposition. This document will detail the necessary information.
- Schedule a consultation with Law Offices Jon E. Jessen, LLC who can then determine if your arrest, summons or conviction will create an obstacle with U.S. Immigration. We will review your options with you during your consultation.