Achieving permanent residency in the U.S. can appear like a complex web, particularly when you’re dealing with a criminal record. Facing such circumstances can evoke feelings of discouragement or anxiety. However, it’s crucial to keep in mind – a criminal background does not unequivocally exclude you from securing permanent residency. While the journey may not be direct or devoid of difficulties, with the right information and guidance, these challenges can be addressed. Let’s explore this complex topic to shed light on potential avenues for individuals with a history of crime who are striving for a stable future in the United States.
Moral Turpitude and Its Impact on Immigration
In the context of immigration, all crimes are not equal. The law identifies certain offenses, referred to as ‘moral turpitude,’ which could potentially be waived, indicating that they might not fully obstruct your pursuit of permanent residency.
So, what is ‘moral turpitude’? Crimes of moral turpitude typically involve activities of dishonesty, deceit, or a breach of trust.
Examples include:
- Blackmail
- Forgery
- Robbery
- Unauthorized use of a credit card
- Providing false information on an application,
- Possession or transportation of stolen property.
Understanding the Waiver Process for Permanent Residency
You might wonder, “If I’ve been involved in such a crime, can I still aim for permanent residency?” The answer is affirmative, but there’s a specific procedure to follow to secure these crime waivers. This involves demonstrating compliance with certain standards laid out in immigration laws, which can be complex.
Securing a waiver for a moral turpitude crime isn’t straightforward. Certain conditions need to be satisfied for such a waiver. Factors like the time of the crime, its severity, and your present immigration status often factor in. For instance, if you are already a permanent resident and the crime took place over 5 years before your application, you might qualify for a waiver. Similarly, if the crime occurred before you turned 18 and more than 5 years have passed, you could also be eligible.
In some cases, a waiver might be granted if denial of your application would result in extreme hardship to a U.S. citizen or permanent resident who is your spouse, parent, or child. Demonstrating “extreme hardship” requires comprehensive documentation, which is why legal advice can be extremely beneficial. Keep in mind that these are general guidelines, and each case is unique. Meeting the criteria doesn’t guarantee a waiver, and it’s essential to obtain legal advice to thoroughly understand your options and navigate the intricacies of the immigration process. A waiver doesn’t remove the crime from your record, it just allows you to apply for permanent residency despite it.
Honesty in Your Permanent Residency Application
One crucial point to emphasize is the importance of honesty in all immigration matters. Misrepresentation on your application can result in the denial of residency based on that deception, even if the crime you committed could have been waived. Being transparent about your criminal history can greatly enhance your chances of success.
The Need for Legal Guidance in Immigration Involving Criminal Waivers
Navigating immigration laws can be challenging, particularly when grappling with waivers for crimes. It’s essential to seek professional guidance to understand the available options and determine the best course of action for your situation. A proficient immigration attorney can provide invaluable insights and assistance throughout the process.
American Dream® Law Office, PLLC: Your Partner in Immigration Matters
At the American Dream® Law Office, PLLC, we strongly believe that everyone should have a fair shot at their American dream, regardless of their past. With substantial experience in handling complex immigration cases, we’re ready to guide you on your path to permanent residency. If you need assistance with a citizenship application after obtaining permanent residency in Florida or anywhere else in the country, feel free to reach out to the American Dream® Law Office, PLLC.
Our lawyers are proficient in English, Spanish, and Arabic. Contact us today at (813) 499-1250 or complete our online form to schedule a strategic consultation with a skilled immigration attorney.