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Tag: Permanent Residency

  • Impact of Conditional Resident Status on Applying for Citizenship 

    Individuals married to U.S. citizens or permanent residents receive temporary immigration status as conditional residents. This applies to people who have been married for less than two years after being granted legal permanent residence (green card). The status lasts for two years, and the individual can prove the validity of the marriage and remove the conditions by showing that the marriage was genuine and not meant to evade U.S. immigration laws.

    If the individual cannot remove the conditions, they will lose their legal permanent resident status and may be subject to deportation. U.S. immigration laws grant individuals temporary immigration status as conditional residents to confirm their marriage is genuine and not to evade immigration laws. 

    The individual receives a green card valid for two years and can live and work in the United States as a legal permanent resident. If the individual proves that the marriage is not for evading immigration laws, the conditional status will be removed.

    How to Remove the Conditions on a Conditional Resident Status

    To remove the conditions on conditional resident status, the individual must file Form I-751, Petition to Remove Conditions on Residence. The individual and their spouse must file Form I-751 jointly and submit evidence of a genuine marriage within 90 days before the green card expires. This evidence can include, but is not limited to, the following:

    • Joint bank account statements
    • Lease or mortgage agreements
    • Utility bills
    • Birth certificates of children born to the couple
    • Affidavits from friends and family

    Individuals should consult with an immigration lawyer or a qualified representative to ensure they have the necessary documentation and properly complete Form I-751 before filing. 

    After filing, they will receive a receipt notice (Form I-797) confirming the petition’s receipt. The officer will provide the individual with a case number and a biometrics appointment. The biometrics appointment is a fingerprinting session, where the individual will have their fingerprints, and a photograph taken.

    After the biometrics appointment, the individual will receive an interview notice indicating the interview’s date, time, and location. During the interview, an officer will review the case and evidence provided and ask the individual and their spouse some questions. The officer will also decide whether to approve or deny the petition.

    If the officer approves the petition, the individual will collect a new green card valid for ten years.

    If the officer denies the petition, the individual can attend a hearing before an immigration judge. In this hearing, they can present evidence and testimony to convince the judge to allow them to remain in the U.S.

    Note that the individual should only leave the U.S. while the petition is pending if they have a valid advance parole document. Failure to remove the conditions may bar them from returning.

    It’s also vital to remember that conditional resident status is temporary. If the individual does not remove the conditions, they risk losing their legal permanent resident status and deportation. Therefore, it is important to take the necessary steps to remove the green card conditions before it expires. This is to avoid losing the ability to apply for U.S. citizenship and other benefits.

    Related: The Step-by-Step Guide for Removing Conditions on Your Green Card

    Impacts of Conditional Resident Status on Citizenship 

    Conditional resident status is a temporary status that can impact an individual’s ability to apply for U.S. citizenship. The impact of conditional resident status on applying for citizenship depends on whether the individual can remove the conditions on their green card.

    If the individual can remove the conditions on their green card, they will get a new one for ten years. Once the individual has held this new green card for five years, they’ll be eligible to apply for U.S. citizenship through naturalization. Conditional resident status does not affect their ability to apply for U.S. citizenship after they have removed the conditions of their residency.

    If the individual cannot remove the conditions on their green card, they will lose their legal permanent resident status. The individual may be subject to deportation. They will also lose their eligibility to apply for U.S. citizenship. Therefore, the individual needs to take the necessary steps to remove the conditions on their green card before it expires.

    Also, an individual may be unable to remove the conditions because of a divorce or the spouse’s death. However, they can still apply for the removal of the conditions based on that hardship. If approved, they will be able to apply for naturalization as well.

    How to Apply for Citizenship After Removing the Conditions on Residence  

    If a conditional resident wants to apply for U.S. citizenship, they must remove the conditions on their green card. Once the conditions are removed, the individual will be issued a new green card valid for ten years. Once the individual proves the validity of the marriage, they will receive a new green card valid for ten years. 

    Conditions on residence are removed by filing Form I-751, Petition to Remove Conditions on Residence, within 90 days before the green card expires. The individual and their spouse must file this application jointly, including evidence that the marriage is legitimate.

    After holding this new green card for five years, they can apply for U.S. citizenship by filing Form N-400, Application for Naturalization. The individual will need to meet certain requirements to be eligible for naturalization, such as:

    1. Reside continuously in the United States as a legitimate permanent resident for at least five years immediately preceding the date of applying.
    2. Be present in the United States for at least 30 months out of the five years immediately preceding the date of applying.
    3. Be 18 years old or older at the time of filing.
    4. Be a person of good moral character.
    5. Pass an English and Civics test.
    6. Take an Oath of Allegiance to the United States.

    The naturalization process involves several steps, including an interview and a test. An immigration officer will review the case, the evidence provided and ask the individual some questions. The officer will also decide whether to approve or deny the naturalization application.

    The individual is advised to consult with an immigration lawyer or a qualified representative before filing the form. This is to ensure that they have the required documentation and that the form is properly completed.

    Summary – Impact of Conditional Resident Status on Applying for Citizenship

    Conditional resident status is for to individuals married to a U.S. citizen or permanent resident for less than two years. To maintain this status, the individual must remove the conditions on their green card by demonstrating genuine marriage. If removed, the individual can apply for U.S. citizenship after five years. 

    However, if unable to remove the conditions, they will lose their legal permanent resident status and cannot apply for citizenship. The individual must take the necessary steps to remove the conditions before the green card expires.

    Do You Need to Talk to an Immigration Attorney About Removing the Conditions on Your Resident Status? 

    Get in touch with an experienced immigration attorney through us. Schedule a consultation by calling 914-481-8822. Our knowledgeable attorney will answer your questions and provide the legal guidance you require.

  • Can You Get a Green Card With a Criminal Record?

    If you’re like many people, you want to immigrate to the United States and become a lawful permanent resident. You may even wish to eventually become a U.S. citizen. But what if you have a criminal record? This guide explains whether you can get a green card – and what challenges you may face.

    Before you read any further, you need to know that if you have a criminal record, you must disclose it to U.S. Citizenship and Immigration Services (USCIS). If you lie on an immigration form, USCIS will reject your application.

    Can You Get a U.S. Green Card if You Have a Criminal Record?

    It’s entirely possible to get a green card in the United States if you have a criminal record. However, there are some offenses that make a person ineligible for a green card. They include aggravated felonies, crimes that involve moral turpitude, and crimes that involve illegal drugs.  

    Only convictions for these crimes make you ineligible. You were only convicted if you went to court and a judge said you were guilty of a crime, or you received a sentence (punishment) such as jail time, probation or community service.

    If police arrested you and released you without charges, if the state charged you with a crime and dropped the charges, or if you went to court and the state found you not guilty of the crime, don’t worry. These circumstances alone don’t affect your eligibility for a green card.

    Related: The complete guide to green cards through marriage

    Aggravated Felonies and Green Card Eligibility - Getting a Green Card With a Criminal Record

    Aggravated Felonies and Green Card Eligibility

    Aggravated felonies make a person ineligible for a green card. An aggravated felony is a crime that the U.S. government defines in the Immigration and Nationality Act (INA), but the term can be a little confusing. That’s because every state in the U.S. has its own definitions of crimes, and some crimes that are on the INA’s aggravated felony list aren’t actually felonies in some states. (And that doesn’t even address the word “aggravated,” which has a different definition in many states.)

    List of Aggravated Felonies

    The following table outlines a few of the crimes the INA considers aggravated felonies. It’s not a complete list, though, and even if a crime isn’t defined as an aggravated felony, USCIS and the U.S. government may consider it to be one. That’s why it’s so important to work with a Port Chester immigration attorney if you want a green card but have a criminal record. Your attorney can evaluate your case and take the appropriate steps to help you apply.

    Alien smugglingChild pornographyCommercial bribery
    CounterfeitingDrug traffickingFailure to appear in court for a felony charge
    Firearms and explosives offensesForgeryFraud or tax evasion over $10,000
    KidnappingMoney laundering over $10,000Murder
    Obstruction of justice, perjury or bribery of a witnessRacketeeringRape
    SabotageSexual abuse of a minorSimple battery
    SpyingStatutory rapeTheft
    Trafficking in destructive devices or firearmsTrafficking in persons or running a prostitution businessTrafficking in vehicles
    TreasonViolent crimes 

    Again, this isn’t a complete list. Also, even if the INA doesn’t explicitly mention a crime, the U.S. government may still consider it an aggravated felony.

    Convictions for these crimes may make you ineligible for a green card. But that’s not necessarily the end of the road: Your attorney may be able to ask for a waiver. The government decides who gets these waivers on a case-by-case basis. The nature of the crime and the applicant’s rehabilitation play major roles in whether a person gets a waiver. The government is very unlikely to grant a waiver for a conviction like murder or rape. It’s more likely to give you a waiver if you were convicted of getting into a fistfight with a friend and completed a sentence of probation for it (or something equally “minor”).

    If you have a criminal record and want a green card, it’s important that you speak to an attorney. Your attorney can ask the government for a waiver for you.

    Related: Everything you need to know about deportation from the U.S.

    What is Moral Turpitude?

    The term moral turpitude refers to any “immoral, unethical or unjust departure from ordinary social standards such that it would shock a community.” In plain English, that means any crime committed with the intent to defraud or physically harm someone may be considered a crime of moral turpitude. The most common examples of these crimes involve murder, rape, fraud and animal abuse (or animal fighting).

    Basically, if a crime is shocking to everyday people – such as running a dog fighting ring – it may count as a crime of moral turpitude. Other offenses, such as driving under the influence (DUI) or trespassing, don’t involve moral turpitude.

    If you’ve been convicted of a crime involving moral turpitude, you can’t get a green card. But as with other criminal convictions, you may be eligible for a waiver. Your immigration lawyer will take a close look at your case and help you figure out what to do if your state has convicted you of one of these crimes.

    Related: U visa processing times

    What Crimes Involving Illegal Drugs Make You Ineligible for a Green Card?

    Any drug conviction may make you ineligible for a green card. That’s true whether the state convicted you of possessing a little over an ounce of marijuana or trafficking 1,000 pounds of cocaine. There is one exception in the INA, though: If you have only one drug conviction, and that conviction was for possession of 30 grams or less of marijuana for personal use, you may still be eligible for a green card. However, if that’s your situation, you still need to apply for a waiver.

    The U.S. government takes these types of crimes very seriously, so any drug conviction may make you ineligible to get a green card.

    How Convictions Outside the United States Affect Green Card Eligibility

    Sometimes convictions outside the United States affect green card eligibility. These convictions may be in your home country or in another country.

    If the conviction is equivalent to the U.S.’s version of an aggravated felony, crime of moral turpitude or drug crime, USCIS treats it the same way it would if you were convicted in the United States. However, if the crime isn’t equivalent, your attorney may be able to argue that it shouldn’t count against you for immigration purposes. In either case, you may still be eligible for a waiver – and the government decides waivers on a case-by-case basis.

    Related: What happens if you abandon your green card?

    How to Answer Criminal History Questions on Your Green Card Application - Getting a Green Card With a Criminal Record

    How to Answer Criminal History Questions on Your Green Card Application

    If you have ever been convicted of a crime, even if it won’t affect your eligibility for a green card, you must declare it on your green card application. (When you apply from inside the United States, your attorney will use Form I-485, Application to Adjust Status. When you apply from outside the United States, your attorney will use Form DS-260, Immigrant Visa Application.)

    The questions on the form ask if you have ever experienced certain circumstances. That means from the day you were born through the time you fill out the application. Here are a few of the questions on green card applications:

    • Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official?
    • Have you EVER committed a crime of any kind (even if you were not arrested, cited, charged with, or tried for that crime)?
    • Have you EVER pled guilty to or been convicted of a crime or offense (even if the violation was subsequently expunged or sealed by a court, or if you were granted a pardon, amnesty, a rehabilitation decree, or other act of clemency)?

    These questions ask you about any events that have occurred during your lifetime, so even if you were arrested as a child in your home country but released, you have had your criminal record cleared, or you have committed anything that you know was a crime (even if you weren’t caught), you must be honest.

    You and your immigration attorney will sit down and talk about your criminal history. Be sure to share everything with her; she needs to include complete information on all your immigration forms.

    What Happens if You Leave Out Some or All of Your Criminal History?

    Leaving out some or all of your criminal history counts as immigration fraud. Naturally, if you made a simple mistake – such as forgetting that you pocketed a piece of candy from a convenience store when you were a child – your attorney can explain. However, if you lie because you think that USCIS won’t find out about your criminal record, you paid to have your record cleared, you were convicted in another country, or you don’t think a crime “counts,” you’re committing immigration fraud.

    If you don’t disclose everything on your immigration forms, or if you purposely lie, the U.S. government may tell you that you’re permanently inadmissible. That means you can never get a green card (or even a visitor visa) to the United States.

    Do You Need to Talk to an Immigration Attorney About Getting a Green Card With a Criminal Record?

    If you need to talk to an immigration attorney about getting a green card when you have a criminal record, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.