When applying for a visa, Green Card, or citizenship in the United States, criminal convictions can play a significant role in a person's case. It is important to be aware of the potential consequences of a criminal conviction. While the laws surrounding immigration in the U.S. can be complicated, a skilled attorney can provide guidance on how to address issues related to criminal convictions. They can help an immigrant determine whether certain convictions may make them inadmissible or deportable, and they can also assist with applying for waivers of inadmissibility or other forms of relief.

Background Checks by U.S. Immigration Officials

When an individual applies for any type of immigration status in the United States—including a visa, Green Card, or citizenship—it is standard practice for U.S. immigration officials to conduct a background check on the applicant. This background check will include an examination of the applicant’s criminal history, if applicable. Depending on the severity of the offense and other factors, such as whether a crime was committed within a certain time frame, a conviction could lead to the denial of an application based on grounds of inadmissibility for entry into the United States, deportability, or ineligibility for adjustment of status.

When Can a Conviction Make Me Ineligible for a Visa, Green Card, or Citizenship?

The most common scenarios in which a criminal conviction would make an immigrant ineligible for admission into the United States or cause them to lose their legal status include:

Many people who are not citizens of the United States want to come to the country to work. Better work conditions, higher salaries, and a more predictable job outlook are all great reasons to come, but people seeking employment in the U.S. for many other reasons as well. If you are living out of the country and are interested in seeking an employment visa, or are already in the United States and need help maintaining permission to work, a Florida immigration attorney can help. 

Temporary Work Visas

For people who are interested in working in the United States for a short time but are not necessarily intending to immigrate here, temporary work visas may offer a helpful option. These include: 

• E Visas - An E visa may be available to help foreign business investors and traders do business inside the United States.

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In response to a significant uptick in apprehensions at the U.S.-Mexico border, the Biden Administration has announced a new set of policies aimed at reducing the number of people entering the United States illegally while opening the possibility of entry to many people who are trying to enter legally. If you or one of your loved ones are considering entering the United States, including as an asylum seeker, it is important to understand these changes and to have the help of a Florida immigration attorney. 

“Do Not Just Show Up at the Border”

People from Cuba, Venezuela, Haiti, and Nicaragua who are seeking asylum in the United States will be denied the chance to apply for asylum if they come over the Mexican border illegally rather than at an official port of entry. Those who are apprehended crossing between ports of entry will be sent back to Mexico immediately. 

Warning those who would try to enter, “Do not just show up at the border,” President Biden instead is allowing up to 30,000 applicants every month from the previous four countries to come to the U.S. legally. However, there are specific requirements that must be met, including passing a background check and having a sponsor. 

Recent reporting has highlighted the fact that immigrant naturalizations are currently higher in the U.S. than they have been in a decade. In 2022 alone, over 900,000 naturalizations have occurred. While the Covid-19 pandemic temporarily slowed down the speed of naturalization and immigration in general, immigrants from nearly every country except China have seen a rebound in the rates of naturalization. Because of the many benefits that immigrants bring to American society, this is great news for both the naturalized immigrants and for Americans in general. 

In addition to increasing naturalizations, immigrants are getting more green cards, student visas, and tourist visas than ever. While it is true that the immigration process in America can be complex and difficult to navigate, you do not have to do it alone. Millions before you have done it, and you can do it, too. 

Student Immigrants Contribute Greatly to the American Economy

Immigrants who start off as students in American universities and who eventually naturalize and become American citizens are often among the most productive members of American society. A huge number of engineers, economists, statisticians, mathematicians, and scientists come from immigrant student populations, and international students often account for the majority of graduate students in these fields. 

Although getting United States citizenship through marriage is supposed to be one of the easiest ways to get citizenship, it is still a very long and difficult process. Because couples applying for an I-130 petition (adjustment of status) or an I-751 petition (removal of Green Card conditions) are under such strict scrutiny by immigration authorities, small mistakes in an application can result in either petition being denied. If your petition has already been denied, it is important to seek help from a Florida immigration attorney right away so the immigrant spouse does not face deportation proceedings. 

Why Are I-130 Adjustments of Status Petitions Denied? 

When a couple gets married in the United States and one partner is in the country legally but is not a U.S. citizen, the couple must complete an adjustment of status petition so the immigration spouse can get a Green Card. 

I-130 petitions could be denied for many reasons, but they are often denied because parts of the application are missing or because the couple does not provide enough evidence proving their relationship is legitimate. If your I-130 spouse petition is denied, you will need to submit a new petition and include better evidence. This can include: