Green Card Holders with Criminal Records Should Not Travel Outside the US

April 15, 2009

People with Green Cards and criminal records risk losing a year or more abroad if they travel without being aware of the immigration implication. This story explains one such situation that personalizes the law.

DALLAS, TX, April 15, 2009 /24-7PressRelease/ -- Many Green Card holders, also called Permanent Residents, are finding the doors to the United States slam shut at the other end if they have previous criminal convictions. It seems that people are just not aware of the dangers a criminal record, even a very old one, can wield on immigration status. Many people end up locked out of the United States for a year or more, some permanently.

A recent case handled by Stefano Riznyk, lead immigration lawyer at http://www.Waiver-Strategy.com can help illustrate the situation. A call he received explained that a US citizen's wife had left the country to visit a sick relative. She had two minor offences for shoplifting several years ago. Despite keeping a clean criminal record and serving the sentences, the client found herself with a Deferred Inspection notice. When a person seeks to enter the borders and there is an issue at hand, a Deferred Inspection can be issued, allowing the person to physically enter, without being admitted. As a result, the person has to attend the interview a second time within the United States. There are only 70 deferred inspection locations in the US so if someone is not from one of those cities in which they are located, they may simply be refused entry, possibly barring them from the United States for a year or more (for a list of sites, visit http://www.CBP.gov ).

In this particular case, as the person had conducted two offences, considered Crimes of Moral Turpitude, she suffered mandatory detention. Many crimes are considered Crimes of Moral Turpitude for immigration purposes. They can affect not only a Permanent Resident's entry, but also the entry of a person on a Visa Waiver, forcing the person to obtain a visa for entry, often to be accompanied by a waiver (to understand waivers, visit http://www.Waiver-Strategy.com ). The problem is that waivers can take a few days to a few months, or even a year to be approved. During that time, the person has no access to the United States, and may lose a job, be forced to pay a mortgage on an empty house, as well as suffer many other serious consequences, such as the loss of a marriage.

Many crimes are considered Crimes of Moral Turpitude, but they fall into three main categories: those involving fraud, larceny (i.e. theft), and crimes against persons or 'things', and governmental authorities. Under limited circumstances, a full and unconditional pardon will be recognized for immigration purposes. A single crime of Moral Turpitude, under certain circumstances, will not prevent someone's entry (the maximum penalty for the offence is one year, with 6 months or less of imprisonment sentenced, and the person is otherwise admissible). If committed before age 18, it may also be excused, if certain requirements are met (the person was under 18, it was more than 5 years ago since it occurred, and the sentence was completed, and the maximum penalty was a year with no more than 6 months imposed).

A waiver is a very complex legal document, and only 1% of immigration lawyers are qualified to create them. It is submitted along with the appropriate forms, in order to request the government to waive, or overlook the offence. If a person is applying for a Green Card and he or she has a single criminal conviction that is not considered an aggravated felony, he or she can qualify for a waiver. The person's offence must have occurred more than 15 years ago, he or she must be rehabilitated, and the person's admission can not be a threat to the welfare, safety, or security of the United States. If a person is the spouse, parent, or child of a US citizen, the standard is different, and much higher. He or she must prove in the waiver that if the person was not allowed entry, it would cause extreme hardship to the citizen or Permanent Resident son, daughter, parent, or spouse of the person.

In the current case, the client fell under an exception which indicates mandatory detention (i.e. arrest) is required if someone commits two or more crimes of Moral Turpitude. When attending her interview, she was going to be arrested and served an NTA, or Notice to Appear, and turned over to the immigration authorities. As a result, the couple would be separated for Easter 2009, her husband would be faced with the loss of his spouse, financial, and other hardships. The next step would be to see an immigration judge, and subsequent removal for 6-12 months, awaiting the successful results of a waiver.

Two other law firms had been hired to deal with this situation and regrettably, they all were of the opinion that nothing could be done for her, accepting that she should be arrested on Thursday before Easter. Luckily, they called Stefano Riznyk 16 hours before the appointment time. While he was a new immigration attorney, he was a successful high-level negotiator, dealing with blackmail, international kidnapping, extortion, divorce issues, career destruction, and the like. As a result, Mr Riznyk, using his negotiation skills (as none of the law was on his side), was able to negotiate a 30-day extension to keep them together, as an immigration strategy is developed that will keep them together as long as possible. In conclusion, even if you don't have an imminent need to leave the country, call an immigration lawyer and file a waiver before that time comes that you have to leave and may not be able to return.

Amanda Bentley
AB@worldwide-press.com

Source: us-immigration-explained.com
Website: http://www.us-immigration-explained.com