A green card offers foreign individuals lawful permanent residency in the United States. Obtaining this status is a significant milestone for many immigrants. However, the process can be long and complicated. Various factors can affect your chances of obtaining a green card, including a criminal record. If you have been charged with a misdemeanor it can impact your ability to obtain or renew your green card. A criminal issues immigration lawyer in NYC can help you understand your legal rights and how your journey may be affected by a criminal record. Contact an experienced attorney for more information.
What is a Misdemeanor?
A misdemeanor is a criminal offense that is not quite as serious as a felony. Every state has its own laws surrounding which crimes are considered misdemeanors or felonies and the repercussions for each. For example, in New York, class A misdemeanors are punishable by up to one year in jail and class B misdemeanors are punishable by 3 months in jail.
The following are some examples of crimes that can be charged as misdemeanors in New York.
- Third-degree assault
- Resisting arrest
- Third-degree stalking
- First-degree harassment
- Prostitution
- Disorderly conduct
- Trespassing
Any of these can be charged as a misdemeanor and impact your path to getting a green card.
How Does a Misdemeanor Impact My Chances At Receiving a Green Card?
Although misdemeanors carry lighter penalties than felonies, they can still have serious implications during the immigration process. When you apply for a green card you are required to disclose information about your criminal history. This includes misdemeanors, regardless of how much time has passed since they occurred or whether or not they were removed from your record.
During your application process, immigration authorities will conduct thorough background checks and any criminal history will be considered, including misdemeanors. Having a misdemeanor on your record will not necessarily immediately disqualify you, but it can complicate the process.
Authorities will examine details about the offense like the nature of the crime, the severity, and whether or not it suggests an issue with morality. Crimes of moral turpitude can result in you becoming ineligible for a green card. These crimes go against standards of honesty, justice, and morals. If your misdemeanor conviction suggests moral turpitude your application may be rejected.
Similarly, if you already have a green card and wish to renew it, authorities will conduct additional background checks during the process. If you have acquired a misdemeanor since receiving your green card it could trigger a review of your eligibility to remain in the country.
Contact an Immigration Lawyer
A minor run-in with the law is not always enough to have your green card status rejected or revoked, but it can cause potential issues. It is important to understand your rights and obligations during the immigration process and recognize the legal consequences of your conviction.
If you are applying for or renewing your green card and are wondering how your misdemeanor will affect your chances, reach out to a skilled immigration lawyer. Your attorney will help you understand the implications of your conviction and advocate for you during the process.
