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How a Criminal Offense Can Affect Immigration Status
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Many things can affect a person’s immigration status, including criminal offenses. A crime committed in a person’s home country, or once they have obtained immigration status in the United States, can both affect that person’s status. In some cases, a conviction for a criminal offense can even lead to deportation. Not all crimes are considered equal under immigration law, however. Below is an explanation of what criminal offenses are likely to affect a person’s immigration status, and which ones are not.
Crimes Committed Outside of the United States
Before an individual can enter the United States to live, even on a temporary basis, their background is thoroughly investigated. This background check will reveal any criminal offenses a person committed in their home country and, for those who have a conviction on their record, this is a real concern.
Fortunately, most minor criminal convictions are not an obstacle to gaining a green card or other types of immigration status. However, when a person has been convicted of a drug crime, a felony, or any offense that resulted in the applicant serving at least one year in prison, they are unlikely to receive a green card or other types of immigration status.
Crimes Committed Within the United States
The United States government only wants to allow people into the country that are of good moral character. As such, when someone has been granted immigration status and they commit a crime once they are in the country, their status may be in trouble.
Again, petty crimes are not typically a barrier to obtaining a green card. However, if a person commits a crime of moral turpitude within five years of receiving their green card, they can be placed in deportation proceedings. A crime of moral turpitude refers to an act that violates the sentiment of the accepted standard within the community. Fraud and larceny are two of the most common crimes of moral turpitude. Convictions for an aggravated felony can also result in deportation.
Driving under the influence is one of the most common criminal offenses, but it is important to know that a conviction for a DUI will likely not result in a person losing their immigration status. DUIs are considered driving convictions, which do not affect a person’s status.
How to Remove a Criminal Conviction
Of course, when a criminal conviction does not appear on a person’s criminal record, it cannot be used against them. As such, many people that wish to enter the country look into having these removed. State governments allow people to have their record expunged, which essentially means it is as though it never happened. The requirements for expunging and sealing records vary by state.
Our Illinois Immigration Lawyers can Help with Your Status
There is a lot that can affect your immigration status, and criminal convictions are just one of them. If you are concerned about your status, or you need to obtain immigration status in the country, call our Chicago immigration lawyers at Kriezelman, Burton & Associates, LLC. We will help you navigate the complex immigration system and give you the best chance of success with your case.
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I had a wonderful experience working with Kriezelman Burton & Associates, LLC. From start to finish, the team was professional, knowledgeable, and truly dedicated to guiding me through every step of the process. They made what could have been a stressful situation feel smooth and manageable, always answering questions quickly and keeping me updated. I especially want to thank Khabit for his outstanding support—he was patient, detail-oriented, and went above…
Many thanks to attorney Kevin A Raica and his assistant Rafael Rodriguez for all their help. My immigration case went very smoothly and quickly.
We worked with Kevin Raica from Kriezelman Burton & Associates, LLC, and I can confidently say he went above and beyond for us. Our process was very long and at times overwhelming, but Kevin guided us every step of the way with professionalism, patience, and dedication. He was always available to answer our questions, explained everything clearly, and made sure we understood our options at each stage. What stood out…
A family friend referred me to work with Maya Flores at Kriezelman Burton & Associates, LLC to help me with my U.S. naturalization. Despite the current immigration tension, Maya helped make the process smooth and her familiarity with procedure helped ease my anxiety. She submitted the citizenship application on my behalf and let me know what to expect. I decided to retain her service for the civics interview as well,…
I really want to thank Justin and Kamila; they are the best. I waited almost 20 years and no one could help me get my green card and in 4 months they helped me get my permit, and I got my green card in less then 4 months. They are the best. I will always be grateful for what they did for me, thank you Justin and Kamila!!!!
I am writing this review to express my deepest gratitude for the hard work on our case by our Immigration Attorney, Lauren McClure and her Paralegal, Kamila Lada. My Green Card was approved! I know this wouldn't have been possible without their expertise and dedication. They both were extremely helpful, responsive, and guided us through every step of the way. Lauren took the time to train us for our interview…
I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
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Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
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