If you have a relative that is U.S. lawful permanent resident or citizen, s/he can file a family petition on your behalf so that you can become a U.S. lawful permanent resident (and if you wish, in the future, a U.S. citizen). It is a process that is done through the U.S. Department of Homeland Security, in which you must meet certain requirements, including demonstrating that you do not have a negative immigration record in the United States, (permanent and temporary “grounds of inadmissibility” exist which can result in your application being denied). Before making the conclusion that you are ineligible, however, in some cases there are waivers that can help you overcome some of the bars.

For example, when we talk about criminal offenses, they do have an immigration impact, which in many cases can make you permanently ineligible to obtain U.S. residency through a family petition. Because of that, it is very important to properly handle any criminal case you may have had in the U.S. in the U.S. courts, since not only can such an issue affect your criminal record, but also may prejudice your ability to adjust your immigration status to that of lawful permanent resident of the U.S.

A criminal offense may have one or more of four immigration consequences, for example:

• Denial of admission to the country;
• Denial of U.S. residency;
• Revocation of residency and deportation; and
• Denial of citizenship.

To find out if in your case a crime you have on your record is classified as an “immigration crime”, you have to compare the charges on your record with the cases decided by the Federal Circuit Courts of Appeals and the BIA (Board of Immigration Appeals). To learn more about this subject, we invite you to visit our blog or listen to our radio appearances.