Applying for permanent residency in the U.S. can be complicated and drawn out. Immigration authorities will examine green card applications for red flags, including criminal records. Having a misdemeanor conviction can affect your chances of receiving a green card. Work with a Montgomery County green card lawyer to learn more about your rights and options.
What is a Misdemeanor?
A misdemeanor is a classification of crime that a person can be charged with. This criminal offense is a lesser crime, meaning it is not as serious as a felony and will be penalized at a much lower degree. However, any criminal conviction is serious.
The crimes and penalties that relate to a misdemeanor will vary depending on the state. In Pennsylvania, a misdemeanor can result in the following penalties.
- Third degree: Fines of $250 to $5,000 and imprisonment of up to 90 days
- Second degree: Fines of $500 to $5,000 and imprisonment of up to 2 years
- First degree: Fines of $1,500 to $10,000 and imprisonment of up to 5 years
Depending on the type of crime and severity the following can be charged as misdemeanor crimes.
- Simple assault
- Possession of a controlled substance
- Driving under the influence
- Theft
- Reckless endangerment
If you have been charged with a misdemeanor it will be present on your criminal record. These charges can affect your application for a green card and permanent residency.
Will a Misdemeanor Impact My Application for a Green Card?
Yes, having a misdemeanor on your criminal record will impact your green card application. The USCIS (United States Citizenship and Immigration Services) conducts thorough background checks during all stages of your application. While a misdemeanor may not ruin your chances of being granted residency, it can be cause for concern.
Any crime that puts into question your moral character can be grounds for rejection. A “crime of moral turpitude” is one that is committed with evil intent. If your misdemeanor shows bad morals or a disregard for honesty and justice, it could result in your application being thrown out.
What if My Misdemeanor Was in Another Country?
If you are not yet residing in the United States but would like to apply for a green card you may wonder whether your criminal record in your home country can impact your application. Criminal convictions in other countries are considered by U.S. immigration officials. There are generally two possibilities to consider in this case.
First, if the foreign country’s laws are similar to that of the United States it can simplify the situation. Essentially, if the crime and conviction are equivalent to a crime under U.S. law, the standards of inadmissibility are the same.
If they are not the same, however, it can be difficult to determine how these convictions influence the immigration official decision. An argument will have to be made and there is no guarantee that the USCIS will agree and accept it.
Contact an Immigration Attorney Today
Navigating the immigration process is complicated on its own but when a criminal history is considered it can become even more complex. It is important to understand how misdemeanors are evaluated in immigration law to ensure that you can take the proper steps and that your rights are protected. Contact an immigration law attorney at Cohen & Patel to discuss your situation and obtain skilled representation during your case.
