Criminal Convictions and Immigration

For many people who are intending to become immigrants, having a criminal conviction in the past can hinder the expectation for eligibility as well as for many different forms of immigration benefits. However, there still is hope even with a criminal conviction on your record. For example, it is actually possible for you to petition the court in order to vacate the conviction, or to have the sentence modified so that it is acceptable to the USCIS, or immigration services.

Vacating a Criminal Conviction

The first step to vacating a criminal conviction is to seek the assistance of an experienced lawyer so that someone can sit down with you and review your criminal background. The beginning of any of these matters is fingerprints, making sure that all criminal arrests and convictions are known before the ball gets rolling. Depending on what sort of immigration relief you are attempting to obtain, misdemeanor convictions may be acceptable, while some immigration benefits will not allow two convictions. Because the laws are different depending on your status, it is important to work with an experienced immigration attorney to get the advice that you need on your options once all of the court dispositions are properly reviewed.

So the first step is to take your fingerprints, the next step is to obtain a court docket or a criminal court disposition for each of the convictions or arrests that you have, the third step is to review your record with an immigration attorney. The next step is to obtain further documents as needed and to file a motion to vacate or a motion to modify a sentence with the help of an experienced attorney in hopes of dismissing your case.

The other option available to you is for you to modify a criminal conviction. In many cases, criminal convictions are capable of being reduced, such as in drug convictions for example. There is a very large difference in immigration law between convictions associated with the possession of drugs for sale, or drugs that are possessed for personal or recreational use. In instances where the final conviction decision was for sale, it may be possible for the conviction to be reclassified or modified to becoming a possession only conviction. When it comes to immigration, this conviction can benefit from an expungement, which is a dismissal upon the completion of probation. This is a simple and straight forward modification that will allow for eligibility of relief from deportation and retrieval of immigration benefits.

Knowing your rights is important when it comes to criminal convictions and immigration status. The first step should be to have your fingerprints taken and then to approach an experienced lawyer in order to review your rights and figure out where to go from there. Before you do anything, consult an experienced lawyer and start reviewing your options and your current immigration status.

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