For many, being charged with a misdemeanor offense is something that can have minor impacts on life, like paying fines or doing community service. However, if you are looking to obtain a green card, a misdemeanor offense can significantly impact your eligibility. As such, what may have been a simple mistake turned criminal charge can impact the rest of your life. The following blog explores what you should know about these matters and how a New York City green card lawyer can assist you through these complex issues.
Is a Misdemeanor Charge Enough to Impact My Application?
If you apply for a green card in the United States, it’s important to understand what will impact your eligibility. While things like a diagnosis of communicable diseases, those who have been labeled as terrorists, or those without proper vaccinations are typically barred from entering the United States, something like a minor misdemeanor offense may not seem like enough to bar you from obtaining permanent legal residence. However, all crimes of moral turpitude are grounds for inadmissibility. As such, if you have been convicted of certain misdemeanor offenses, it can drastically impact your eligibility.
What Offenses Can Disqualify Me?
As mentioned, only crimes of moral turpitude generally warrant the dismissal of a green card application. Generally, elements of moral depravity, violence, or fraud fall into this category.
It’s important to understand that state laws vary, meaning your offense could be deemed a petty offense with the probability of an exception. This can be incredibly confusing, so it is in your best interest to connect with an attorney who can assist you through these matters.
You should also know that, even if you aren’t convicted of an offense, it can still mean you are ineligible. For example, if you are charged with a misdemeanor controlled substance offense, but never convicted, it can still render you a drug abuser, which is considered a ground of inadmissibility.
What Should I Do if I’m Having Problems?
If your green card application is at risk because of a criminal offense on your record, understanding your legal options is critical. It is necessary, however, to emphasize the importance of connecting with an attorney who can provide advice on the best course of action for your specific needs.
One option may be to use a petty offense exception if the crime carries a maximum sentence of one year but you spent less than six months in jail. However, this is only for crimes of moral turpitude. Alternatively, you may be able to apply for a waiver of the ground of inadmissibility that currently impacts your application. However, it is imperative to understand that these are notoriously hard to receive.
As you can see, there are many issues you must consider if you have a criminal record when applying for a green card. Luckily, the team at the Law Office of Jason A. Dennis is ready to assist with any issues you may have during this process. We understand how complicated these matters can be, which is why our team is committed to assisting you to the best of our ability. Connect with us today to learn how we can help you.
