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Can You Get a Green Card with a Felony?

The pursuit of an American dream has been a beacon of hope for millions around the world. The green card, a coveted symbol of permanent residency in the United States, offers a path to stability, opportunity, and a life intertwined with the vibrant tapestry of the nation.

However, the path to obtaining a green card can be fraught with obstacles, particularly for those who have encountered legal troubles in the past. One of the most pressing concerns for immigrants with criminal records is whether a felony conviction will forever bar them from achieving their American dream.

Understanding Felonies and Immigration Law

A felony is a serious crime that is punishable by more than one year in prison. Felonies can range from violent offenses such as murder and assault to non-violent crimes like drug trafficking and fraud.

When it comes to immigration law, felonies are treated with the utmost severity. The Immigration and Nationality Act (INA) explicitly states that individuals convicted of aggravated felonies are inadmissible to the United States. Aggravated felonies include crimes such as murder, drug trafficking, and child abuse.

Consequences of Felony Convictions

A felony conviction can have a devastating impact on an immigrant’s chances of obtaining a green card. In general, an individual convicted of a felony will be deemed inadmissible to the United States unless they can prove that they meet one of the limited exceptions outlined in the INA.

The most common exception is a waiver of inadmissibility. Waivers are discretionary decisions made by the Department of Homeland Security (DHS) on a case-by-case basis. To qualify for a waiver, an individual must demonstrate that they pose no threat to national security or public safety and that their admission to the United States would not be contrary to the public interest.

Recent Developments and Trends

In recent years, there have been significant developments in the area of immigration law and felony convictions.

In 2018, the Supreme Court ruled in Sessions v. Dimaya that a single felony drug conviction is not automatically an aggravated felony under the INA. This decision gave hope to many immigrants who had been convicted of drug offenses but did not meet the other criteria for an aggravated felony.

Additionally, the Biden administration has taken a more lenient approach to immigration enforcement. In 2021, the Department of Justice issued a memo directing prosecutors to avoid charging certain nonviolent crimes as felonies.

Tips and Expert Advice

If you have a felony conviction and are hoping to obtain a green card, there are several things you can do to increase your chances of success.

First, it is essential to seek legal advice from an experienced immigration attorney. An attorney can help you assess your eligibility for a waiver of inadmissibility and guide you through the complex legal process.

Second, it is important to be prepared to provide evidence that you pose no threat to national security or public safety. This may include letters of support from family, friends, and community members, as well as documentation of your rehabilitation efforts.

Common FAQs

Q: Can I get a green card if I have a misdemeanor conviction?

A: Yes, misdemeanor convictions do not automatically bar you from obtaining a green card. However, certain types of misdemeanors, such as domestic violence and DUI, may still affect your eligibility.

Q: How long does it take to get a waiver of inadmissibility?

A: The processing time for a waiver of inadmissibility can vary depending on the circumstances of your case. However, it is generally a lengthy process that can take several years.

Q: What if my felony conviction was expunged?

A: An expunged felony conviction may not be considered for immigration purposes. However, you should still disclose your expunged conviction to the USCIS, as they may have access to information about your criminal history.

Conclusion

Obtaining a green card with a felony conviction can be a daunting task, but it is not impossible. With the right legal representation, preparation, and perseverance, it is possible to overcome the challenges and achieve your American dream.

If you have a felony conviction and are interested in learning more about your options for obtaining a green card, I encourage you to reach out to an experienced immigration attorney.

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