Criminal Convictions and Green Cards aka Legal Permanent Residents

Criminal Convictions and Green Cards aka Legal Permanent Residents

Even if you have a green card aka Legal Permanent Residence, the US government can still deny you the residence in the USA if you have certain criminal convictions. There are two sets of rules that apply when it comes to criminal convictions and legal permanent residents. One is called inadmissibility and the other deportation/removability.

Inadmissibility

Admissibility only comes into play if a permanent resident left the USA for whatever reason and upon entry back into the USA was stopped by immigration services. At this point the government will determine if you deserve to be admitted into the United States. They will ask you for your immigrant visa and will look at any criminal convictions you have. The reason they will look at your criminal history is to determine if you have been convicted of any crimes that make you inadmissible. If you are found to have a crime that makes you inadmissible, the immigration officer has the discretion to not let you into the country and will place you in court proceedings.

Deportation or Removability

Now let’s pretend the green card holder never left the USA but instead got arrested and convicted here in the USA. Depending on what the crime was he may or may not have immigration consequences. Let’s assume it’s a crime that carries immigration consequences and the green card holder is placed in immigration proceedings. At this point Immigration Judge has the right to remove his green card and deport them from the country.

Relief for Green Card Holders (Cancellation of Removal)

If a green card holder finds themselves inadmissible at an airport or deportable inside the USA, there is still something that maybe done. Depending on the certain facts of the green card holder, they may be eligible for Cancellation of Removal 42A. If the green card holder can prove everything needed by law the judge could grant their application and they would be allowed to remain within the country.

It is very important to consult with an experienced immigration and criminal attorney to see if they are eligible for Cancellation of Removal. This is a very important application that if granted by the judge can only be done once in a lifetime. Therefore, it’s very important you put a very strong case together and make sure that you will be able to win the case in front of the immigration judge.