06/01/2006

News / Criminal Convictions and Your Green Card

KNOW BEFORE YOU GO!

TRAVELING ABROAD, REPLACING/renewing your green card, or applying for citizenship AS A PERMANENT RESIDENT

WITH A PAST CRIMINAL

CONVICTION





Please read this if you:



1. Have a green card and are not yet a U.S. citizen,

2. Have ever had a criminal conviction in the United States, and

3. Plan to travel out of the United States, renew or replace your green card, or apply for citizenship

YOUR GREEN CARD DEPENDS ON IT!


WHAT??™S GOING ON?

?· In 2003, the Department of Homeland Security started a highly efficient screening system at international airports (such as San Francisco) to identify permanent residents with past criminal convictions, in some case going back 20 years or more.

?· Many permanent residents who have been re-admitted to the United States without difficulty after past trips are now being placed in removal proceedings when they return from a trip abroad, based on old criminal convictions.

?· The same screening system is used when people renew or replace their green cards or apply for citizenship. Before doing any of these things, people with green cards who have past criminal convictions should consult an attorney to get a complete understanding of whether your criminal record could put your green card at risk.


WHAT HAPPENS AT THE AIRPORT?

Green card holders with past criminal convictions now are being identified at the airport and placed in ???secondary inspection??? for questioning when they return to the United States after traveling abroad. In most cases, they are then given an appointment slip for the Deferred Inspections Unit (San Francisco??™s is in Room 931 at 630 Sansome Street). Later, after the Deferred Inspections Unit has verified the criminal record, the person is given a Notice to Appear for removal proceedings (deportation hearing) in Immigration Court. Some people have been taken into custody, depending on the type and date of their conviction.

Many of the people who are being placed in removal proceedings have traveled abroad and returned to the United States without any difficulty in the past.

The Department of Homeland Security now has access to a very large new database of criminal conviction records, and is able to identify people with criminal records much more efficiently. This means that if you have a criminal record, even from twenty years ago, traveling abroad now may increase your risk for losing your green card and being deported from the United States. The same risk exists when you apply to renew or replace your green card or apply for citizenship.
WHAT TYPE OF CRIMINAL CONVICTIONS WILL AFFECT ME?

It is important to understand that not every type of criminal conviction has an effect on your immigration status. The existence of even a serious criminal conviction, by itself, does not automatically cancel your green card. However, depending on the type, date, and number of convictions, the government may have the legal power to put you in removal proceedings, and to ask the Immigration Judge to cancel your green card and order you deported from the United States. If you are placed in removal proceedings, you might in some cases be able to apply to keep your permanent resident status, depending on how long you have been in the United States, which family members you have here, and what type of conviction(s) you have. Unfortunately, while some people are eligible for relief from deportation, others are not. If you are not eligible for relief, the Immigration Judge must cancel your green card and order you deported from the United States.


WHAT SHOULD I DO BEFORE I TRAVEL or file my application?

To receive proper advice from an attorney on the immigration consequences of your convictions, you will need a complete record of all your convictions, even ones that may seem minor, and even those that have been expunged (???cleared??? after probation). You need:

?· The date each offense was committed, the section of law you were charged with and convicted under, the date the court convicted you, and whether you pleaded guilty/no contest or went to trial.

?· The best source of this information is the criminal complaint or criminal information (the indictment), plus the abstract of judgment and sentence. If these documents are not available, the criminal court??™s docket sheet also contains valuable information. If your sentence or conviction was modified or expunged (record cleared), you still need the information above, plus a copy of the court??™s order modifying your sentence or clearing your record.

?· If the court record has been destroyed because it is so old, the law says you can get a complete criminal history printout from the California Department of Justice in Sacramento, or from the FBI.

?· You will also need a copy of both sides of your green card. In addition, if you became a permanent resident after being interviewed for your green card here in the United States, you need to know when and how you first arrived here.


THE FINAL WORD

When you leave the United States and return here, you are forcing the government to make a decision about whether to try to take away your green card and deport you. In 2003, the government installed a new computer system at international airports that contains millions of criminal records. The Department of Homeland Security is now very efficient at placing permanent residents in removal proceedings when they discover at the airport that the person has a criminal record that qualifies them for removal.

Because of this, it is very important for you to understand what may happen if you travel outside the United States, even for one day. You should understand the possible consequences BEFORE you leave the United States, so that you can make an informed decision about whether to travel.

It is also important to understand that the same consequences exist when you replace or renew a green card, or apply for citizenship. The same screening system is used at the agencies that process your requests for a new green card or for citizenship. Therefore, it is important that you consult with a reliable immigration attorney before you do any of these things. If you travel, apply to replace or renew a green card, or apply for citizenship without knowing the immigration consequences of your convictions, you are gambling with your green card, and you may lose your permanent resident status in this country and be ordered deported.

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