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DISCLAIMER NOTICE - The Immigrant Legal Advocacy
Project is providing this information as a public service. We
try to make it accurate as of the date on this page. Immigration
laws and regulations change frequently. We cannot guarantee or
promise that this information is always up-to-date and correct.
This information is not legal advice. We do not intend this information
to be advertising or solicitation. By providing this general information,
we are not acting as your lawyer. Always consult a competent lawyer
or immigration advocate accredited by the Board of Immigration
Appeals before taking any legal action.
This page last updated 7/1/2004.
CRIMINAL PROBLEMS CAN LEAD TO DEPORTATION
During the 1990s, Congress passed several laws that treat noncitizens
who have criminal difficulties with increasing severity. Many
crimes that may not seem that serious can make a noncitizen deportable
(including shoplifting), often with no hope of avoiding deportation,
even if the noncitizen has US citizen and lawful permanent resident
spouses, children or parents.
This is an extremely complex area of immigration law, that cannot
be easily summarized. The most important point, however, is that
ANY NONCITIZEN WHO IS ARRESTED FOR A CRIME SHOULD BE SURE TO TELL
HER/HIS DEFENSE ATTORNEY THAT HE IS NOT A CITIZEN, AND SHOULD
MAKE SURE AN IMMIGRATION EXPERT IS CONSULTED BEFORE ENTERING INTO
ANY TYPE OF PLEA TO THE CRIME. An outcome of a criminal proceeding
that might be positive if the defendant were a US citizen can
lead to deportation with no possibility of ever returning to
the US for a noncitizen.
Also, any permanent resident who has EVER HAD PROBLEMS
WITH THE POLICE SHOULD NOT APPLY FOR US CITIZENSHIP WITHOUT FIRST
SPEAKING WITH AN EXPERIENCED IMMIGRATION ADVOCATE. All applicants
for US citizenship must submit their fingerprints as part
of the application. The Immigration and Naturalization Service
uses these fingerprints to find out if the person has had any
criminal problems at any time, in any state in the US. Even crimes
that did not make a person deportable when they were committed
long ago may cause a person to be denied US citizenship now and
to be put into removal proceedings, regardless of how long the
person has lived in the US as a permanent resident. An immigration
advocate can help a noncitizen determine if his/her past criminal
difficulties, no matter how long ago, will make the person deportable
and can help determine if any remedy is available.
The same is true for a person applying
to adjust his status to become a permanent resident of the US.
Any person who will be applying for permanent residency (the "green
card") who has EVER HAD PROBLEMS WITH THE POLICE SHOULD
SPEAK WITH AN EXPERIENCED IMMIGRATION ADVOCATE BEFORE FILING
AN APPLICATION FOR RESIDENCY.
EVEN IF A PERSON BELIEVES THAT HIS CRIMINAL CASE WAS DISMISSED,
HE SHOULD SPEAK WITH AN EXPERIENCED IMMIGRATION ADVOCATE BEFORE
APPLYING FOR ANY IMMIGRATION BENEFIT. Under the immigration laws,
many cases that have been dismissed are still considered by Immigration
to be criminal convictions and no different from having been found
guilty after a trial.
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