How Criminal Records Affect Family-Based Immigration Applications in New Jersey
When you want to bring a family member to live in the United States through family-based immigration, there are many things to think about. One of the most important things that could affect the process is if someone has a criminal record. A criminal record can make things more difficult and could even prevent your family member from being able to come to or stay in the country. In New Jersey, just like in the rest of the United States, the immigration process can become more complicated when there are criminal issues involved. Understanding how criminal records affect family-based immigration applications is important so that you can know what to expect and how to handle it. At, The Scheer Immigration Law Group, we are here to guide you through the legal process and help you navigate the complexities of your case.
What are the Requirements to File for U.S Citizenship?
Including Your Spouse and Children in a Green Card Application
Working While an Adjustment Application is Pending
What is Family-Based Immigration?
Family-based immigration allows U.S. citizens and lawful permanent residents to bring certain family members to live in the United States. The family member who is already in the U.S. is called the petitioner, and the family member who is trying to come to the country is the beneficiary. There are different categories of family members who are allowed to apply. For example, U.S. citizens can petition for their spouse, children, parents, and siblings, while lawful permanent residents can petition for their spouse and unmarried children.
How Criminal Records Can Affect the Process
When someone has a criminal record, it can make the immigration process more difficult. The United States government takes criminal records seriously when it comes to immigration. Even if the crime happened many years ago, it could still have an impact on the application. The reason for this is that the government wants to make sure that the people who come to live in the country are not a danger to society. Certain crimes are more likely to cause problems than others. For example, violent crimes, drug-related offenses, and crimes involving fraud can be seen as red flags. But even smaller offenses, like a traffic violation, could still raise questions and make the process more complicated.
Inadmissibility and deportability
One of the biggest issues that can come up when a family member has a criminal record is that it can make them inadmissible. Inadmissibility means that the person is not allowed to come into the United States or stay in the country. There are different reasons why someone might be inadmissible, and having a criminal record is one of them. Certain crimes can make a person inadmissible, meaning they are not allowed to get a visa or a green card. Some crimes that can make someone inadmissible include crimes involving drugs, crimes of moral turpitude (like theft or fraud), and violent crimes.
Another issue that can come up is deportability. If the person is already in the United States but has a criminal record, they could be at risk of being deported. This means that even if they already have a green card, the government could try to send them out of the country because of their criminal history. Deportability is a big concern for immigrants who want to stay in the country and be with their family.
Waivers of Inadmissibility
Even though having a criminal record can cause problems, it does not always mean that the person will not be able to come to the United States. In some cases, there are ways to ask for forgiveness for the crime, which is called a waiver of inadmissibility. A waiver is like asking the government to overlook the criminal record and allow the person to come to the country anyway. Not everyone will qualify for a waiver, and the rules for waivers can be very strict.
There are different types of waivers depending on the crime that was committed. For example, there is a waiver for crimes of moral turpitude, but it can only be used in certain situations. To get a waiver, the person has to show that their family would suffer if they were not allowed to come to the United States. They also need to show that they are not a danger to society and that they have learned from their mistakes.
Attorney Susan W. Scheer attended Douglass College at Rutgers University and received her B.A. in 1974. She attended Georgetown University to get her M.A.T. in 1977 and went on to receive her J.D. from Georgetown as well in 1982. Susan is admitted to practice in New Jersey and before the United States Supreme Court.
Susan speaks Spanish, French, Hebrew, and Portuguese.
Crimes Involving Moral Turpitude
One type of crime that can cause problems in immigration cases is called a crime of moral turpitude. These are crimes that show dishonesty or a lack of morals. Some examples of crimes of moral turpitude include theft, fraud, and certain types of assault. If someone has been convicted of a crime of moral turpitude, it can make it hard for them to get a visa or a green card. However, not all crimes of moral turpitude will automatically make someone inadmissible. For example, if the crime was a small offense and the person has not been convicted of any other crimes, they might still be able to apply.
Drug-Related Crimes
Drug-related crimes are another type of crime that can cause problems in family-based immigration cases. The United States government takes drug crimes very seriously, and being convicted of a drug crime can make someone inadmissible. Even a small drug offense, like possession of marijuana, can make it hard to get a visa or a green card. In some cases, a waiver might be available for drug crimes, but the rules are very strict. If someone has been convicted of trafficking drugs, it is almost impossible to get a waiver.
Crimes Involving Violence
Crimes involving violence are also a big issue when it comes to family-based immigration. If someone has been convicted of a violent crime, like assault or domestic violence, it can make them inadmissible. The government wants to make sure that people who come to the United States are not a danger to others, and violent crimes are seen as a sign that someone might be a risk. It can be very hard to get a waiver for violent crimes, but in some cases, it might still be possible if the person can show that they have changed and are no longer a danger.
How to Handle a Criminal Record in Immigration Cases
If your family member has a criminal record, it is important to take the right steps when applying for family-based immigration. The first thing to do is to be honest about the criminal record. Trying to hide the record will only make things worse and could lead to the application being denied. It is better to be upfront about the criminal history and provide as much information as possible.
Another important step is to get legal help. Immigration laws are very complicated, especially when criminal records are involved. An immigration attorney can help you understand what the criminal record means for your case and whether there are any options available. The attorney can also help you apply for a waiver if it is possible to do so. Having the right legal support can make a big difference in whether the application is approved or denied.
The Importance of Rehabilitation and Good Character
One of the things that can help in a family-based immigration case with a criminal record is showing that the person has changed and is now a good person. The government will look at whether the person has shown good character since the crime. This means that they have followed the law, stayed out of trouble, and tried to make positive changes in their life. If the person has gone through a rehabilitation program, like drug treatment or anger management, it can show that they are trying to improve. Letters from family members, friends, or employers can also help to show that the person is a good person and should be allowed to stay in the country.
Criminal records can have a big impact on family-based immigration applications in New Jersey. Depending on the type of crime and how serious it is, a criminal record could make someone inadmissible or even deportable. However, there are ways to deal with criminal records, such as waivers of inadmissibility. It is important to be honest about the criminal history and to get legal help from an experienced immigration attorney who understands the complexities of both criminal law and immigration law. The Scheer Immigration Law Group can provide the guidance and support you need to navigate the immigration process, even if a criminal record is involved. Reach out to them today to discuss your case and explore your options.