Green Card and Criminal Record
Individuals with criminal records seeking to obtain a Green Card will most likely have a hard time doing so. There are many different guidelines and rules for this particular process and they can become very confusing. As one of the main things viewed as part of the process is moral character, it will depend on the type of crime and punishment involved as to whether or not a waiver can be obtained.
There is a portion on the application that asks the question regarding any past criminal convictions with a time frame for when these occurred. Obviously, lying about this is not an answer, as this is considered fraud and will immediately render the application invalid. In other words, you will not get your Green Card.
Crimes of a less serious nature, such as petty crimes, may not prove to be much of a problem in getting your Green Card. These can usually be handled through a waiver and your request can still be granted. This is especially true if you served no prison time for the offense.
Other more serious crimes, especially when committed during a certain time frame, and for which you served prison time, will most likely get your application for a Green Card denied. If you have managed to obtain a Green Card, but commit a crime in the United States following the approval and issuance of the card, you can be removed, or deported back to your original country. This will also revoke your Green Card status, and you will most likely not be allowed to have another one.
As there are many different laws and rules governing this part of the Green Card process, it will be necessary to look at what your particular crime was. Speaking with an attorney who specializes in this area is also going to give you the information you need as to whether or not you are eligible for receiving a Green Card. This attorney may also be able to assist you in meeting the requirements of someone who has a criminal record, and you may still be able to obtain your Green Card.
It is totally dependent on your individual situation as to whether or not you will be eligible to obtain a Green Card, as well as keep it once it is issued. For an area with so many different guidelines, you will need to do your research, and seek the services of an expert to make sure that you are meeting all eligibility requirements.