Being arrested or getting a name on the criminal record can have devastating consequences on your life. It can minimize the possibility of obtaining citizenship or a work visa and increases the chance of deportation. Individuals attempting to immigrate with any conviction or arrest record cannot have entrance.
How does the system work?
The authorities enter all convictions and arrests in the United States in NCIC (National crime information), a federal database containing all the records of criminals. An arrest would appear in the database if the person was photographed and fingerprinted by a law enforcement officer or the person ordered to accompany the law enforcement officer against the will of the suspect.
Even if the arrest did not lead to a conviction, the arrested individual should talk about the arrest to employees of the state department, homeland security employees, and immigration officers when asked. If the law enforcement officer asks and the individual fails to admit the conviction or arrest, it could lead to the individual’s conviction for fraud to gain an immigration advantage.
The police enter the convictions and detainment into the National crime information system, and guilt judgments and pleadings are accounted for when deciding immigration status. The crime sentence does matter, and numerous convictions can negatively impact your immigration status and lead to deportation. Now, you must understand that conviction can devastate your chances of immigration. But it is crucial to know about conditional and permanent bars that impact your eligibility.
Permanent bars on immigration
Harsh crimes with severe legal consequences are considered behind permanent bars. You can divide these into three categories.
- Crimes involving illicit drugs: convictions under drug-related crime mostly led to permanent bars.
- Aggravated felonies: Sexual abuse to a minor, drug trafficking, murder, etc.
- Moral turpitude crimes or evil intent: fraud, rape, murder.
These were some examples, as myriad offenses and crimes fall into these categories and lead to a permanent bar. Remember, even if your name is in the record book for any above crimes, you can still receive the green card by filing a “waiver of inadmissibility.” Taking the help of an immigration attorney from Ward K Johnson law firm can help you to obtain a waiver and become eligible for immigration.
Conditional bars on immigration
Some conditions may not lead to an automatic permanent bar but can still have severe consequences. This condition is known as the conditional bar, and some of the examples are:
- The number of convictions: An individual is ineligible for immigration for five years if they have been arrested or have been convicted two or more times.
- Period of sentence served: If a person gets imprisoned for five years or more, they will remain ineligible for immigration for at least 20 years.
An attorney will help you to obtain a green card for immigration. An experienced lawyer includes an awareness of how things work exactly.
Final words
Never take these things lightly or superficial. It is better to leave no stone unturned to prove yourself innocent when you are accused of a charge. Because once your name comes into the criminal record, the situation may exacerbate, and you will have to face more severe consequences.