Introduction to Adjustment of Status
Adjustment of status is the process by which a non-citizen can become a lawful permanent resident of the United States. However, certain criminal offenses can bar an individual from adjusting their status, making it essential to understand the criminal bars to adjustment of status.
The Immigration and Nationality Act (INA) outlines the grounds of inadmissibility, which include various criminal offenses. If an individual has been convicted of a crime, they may be ineligible for adjustment of status, and their application may be denied.
Criminal Grounds of Inadmissibility
The INA lists specific criminal grounds of inadmissibility, including crimes of moral turpitude, controlled substance offenses, and aggravated felonies. Crimes of moral turpitude are those that involve conduct that is inherently wrong, such as theft or assault.
Controlled substance offenses, including possession, sale, or distribution of illicit substances, can also render an individual inadmissible. Additionally, aggravated felonies, such as murder, rape, or kidnapping, are grounds for inadmissibility and can lead to deportation.
Effect of Misdemeanor Convictions
Misdemeanor convictions can also impact an individual's eligibility for adjustment of status. While misdemeanor offenses may not be as severe as felonies, they can still be considered crimes of moral turpitude or controlled substance offenses, making the individual inadmissible.
It is crucial to note that even if a misdemeanor conviction is expunged or sealed, it may still be considered a ground of inadmissibility. An experienced immigration attorney can help individuals understand the implications of their misdemeanor convictions on their adjustment of status application.
Waivers of Inadmissibility
In some cases, an individual may be eligible for a waiver of inadmissibility, which can allow them to adjust their status despite a criminal conviction. The INA provides for waivers for certain grounds of inadmissibility, including crimes of moral turpitude and controlled substance offenses.
To be eligible for a waiver, the individual must demonstrate that their removal from the United States would cause extreme hardship to a qualifying relative, such as a spouse, parent, or child. The waiver application process can be complex, and it is essential to seek the guidance of an immigration attorney.
Importance of Consulting an Immigration Attorney
The criminal bars to adjustment of status can be complex and nuanced, making it essential to consult an experienced immigration attorney. An attorney can help individuals understand the implications of their criminal history on their adjustment of status application and guide them through the waiver process, if applicable.
An immigration attorney can also help individuals navigate the complexities of immigration law and ensure that their application is complete and accurate, increasing the chances of a successful outcome. By seeking the advice of an immigration attorney, individuals can make informed decisions about their immigration options and avoid potential pitfalls.
Frequently Asked Questions
What is a crime of moral turpitude?
A crime of moral turpitude is an offense that involves conduct that is inherently wrong, such as theft or assault.
Can a misdemeanor conviction affect my adjustment of status application?
Yes, a misdemeanor conviction can impact your eligibility for adjustment of status, even if it is expunged or sealed.
What is a waiver of inadmissibility?
A waiver of inadmissibility is a provision that allows an individual to adjust their status despite a criminal conviction, if they can demonstrate extreme hardship to a qualifying relative.
How do I apply for a waiver of inadmissibility?
To apply for a waiver, you must file a waiver application with U.S. Citizenship and Immigration Services (USCIS) and demonstrate extreme hardship to a qualifying relative.
Can I adjust my status if I have a felony conviction?
It depends on the nature of the felony conviction and the specific grounds of inadmissibility. An experienced immigration attorney can help you understand your options.
Why is it important to consult an immigration attorney?
An immigration attorney can help you navigate the complexities of immigration law, ensure your application is complete and accurate, and increase the chances of a successful outcome.