For many foreign-born nationals, receiving a green card is the ultimate goal regarding immigration-related matters and building a better life in the United States. However, if you plan on applying for lawful permanent residence in the U.S., it’s imperative to understand the variables that can influence your eligibility. Please continue reading to learn whether a misdemeanor crime can disqualify you and how a trusted Middlesex County, New Jersey Green Card Lawyer can help you navigate your legal options.
Will a Misdemeanor Charge Prevent Me From Receiving a Green Card?
Depending on the circumstances, a foreign-born individual may not be allowed to enter or remain in the U.S. or receive a visa or green card even if they are otherwise eligible. These circumstances are referred to as “grounds of inadmissibility.” Under the Immigration and Nationality Act, various crimes are included as grounds for inadmissibility, which can prevent foreign-born individuals from receiving lawful permanent residence in the U.S.
While it may not be surprising to discover that major criminal offenses, such as murder or terrorism disqualify people from getting a green card, even misdemeanor crimes that are minor enough to punish with less than a year of potential jail time could result in a foreign-born individual becoming inadmissible. Nevertheless, the U.S. will carefully consider the aggravating factors surrounding the crime, such as the definition of the crime in the state it was committed and the section of federal immigration law regarding inadmissibility to determine whether it is serious enough to warrant barring an applicant from receiving a green card.
In certain circumstances, a misdemeanor charge is not enough to render you inadmissible from obtaining permanent lawful residence. However, many misdemeanors are classified as crimes of moral turpitude. Generally, crimes that involve moral turpitude entail fraud, violence, or moral depravity. These crimes fall under grounds of inadmissibility.
As such, if you have been charged with a misdemeanor classified as a crime of moral turpitude, it is in your best interest to enlist the help of an experienced lawyer who can guide you through these complex matters. It is important to note that even foreign-born nationals who never received a conviction can still be found inadmissible. For example, if the foreign-born person attains a “not guilty” verdict for drug possession due to a procedural error, they may be considered a “drug abuser,” which falls under a medical ground for inadmissibility.
How Can I Avoid Inadmissibility?
Even though you may have been convicted of a misdemeanor crime involving moral turpitude, there are instances in which you can avoid inadmissibility. The youthful offender exception can shield foreign-born nationals under 18 years old when they committed a misdemeanor offense from ineligibility. However, this is only the case if they were not tried and convicted as an adult for a felony involving the use of physical force against persons or property.
In addition, some people can avoid inadmissibility through the petty offense exception. If the petty offense imposes a penalty with a. maximum sentence of one year, but you spent less than six months in jail, you may be safeguarded from inadmissibility. Depending on the unique circumstances of your case, you may be eligible to apply for a waiver that removes your grounds of inadmissibility.
As you can see, numerous issues can hinder your ability to receive a green card. At the Law Offices of Aditya Surti, LLC we understand how complex these matters can be. Connect with our dedicated legal team today to learn how we can fight for you.
