How Criminal Charges Affect Immigration Proceedings

envelopes with letter from USCISImmigrating to a new country is a complex process that involves various legal considerations. For individuals with criminal charges or convictions, the immigration journey becomes even more challenging. The United States Citizenship and Immigration Services (USCIS) closely examines an applicant’s criminal history during the immigration process.

Let’s explore how criminal charges can impact immigration proceedings and shed light on the important role of immigration lawyers, particularly the Espinoza Law Offices, in navigating such cases.

Understanding the USCIS Background Check

When individuals apply for immigration benefits, including visas, green cards, or naturalization, the USCIS conducts a thorough background check to assess their eligibility. This aims to determine whether an applicant poses a security risk or has committed crimes that could impact their admissibility into the United States.

The USCIS background check involves a review of an individual’s criminal history, both in their home country and abroad. The extent of the background check may vary depending on the type of immigration benefit sought and the specific circumstances of the applicant. USCIS typically considers the severity and nature of the criminal charges, the number of convictions, and whether the crimes are classified as misdemeanors or felonies.

Impact of Criminal Charges on Immigration Proceedings

The impact of criminal charges on immigration proceedings can be significant, potentially resulting in inadmissibility or removal proceedings. The United States Citizenship and Immigration Services (USCIS) closely examines an applicant’s criminal history to assess their eligibility and determine the potential consequences of their past actions. Here’s how a criminal charge affects an immigration proceeding:

  1. Inadmissibility: Certain criminal charges or convictions can render an individual inadmissible to the United States. Crimes involving moral turpitude (CIMTs), aggravated felonies, drug offenses, domestic violence, and crimes related to national security are among the factors that can lead to inadmissibility. The USCIS carefully evaluates the details of these charges to determine their effect on an applicant’s eligibility.
  2. Removal Proceedings: If an individual with a criminal history is already present in the United States, they may face removal proceedings. The Department of Homeland Security (DHS) can initiate removal proceedings based on criminal activities, posing a threat to national security, or violating immigration laws. It is crucial to understand the potential consequences and seek legal counsel to navigate such situations effectively.
  3. Waivers and Relief: In some cases, applicants may be eligible for waivers or relief from inadmissibility based on their criminal history. Waivers provide individuals with the opportunity to request forgiveness for their past actions or demonstrate that their circumstances have changed. Immigration lawyers, such as the Espinoza Law Offices, can help assess the available options and guide applicants through the waiver process.

Immigration Lawyer Assistance on Immigration Proceedings Involving Criminal Charges

Immigration proceedings involving criminal charges require expertise in both criminal and immigration law. Consulting an experienced immigration lawyer is highly recommended in such situations. They possess in-depth knowledge of the complex intersection between criminal and immigration, ensuring their clients receive the best possible guidance.

For individuals facing immigration challenges due to criminal charges, the Espinoza Law Offices is equipped to provide professional legal assistance. As online immigration lawyers serving the Lakeland, FL, area and beyond, we understand the nuances of criminal and immigration law. We can help clients navigate the USCIS background check, assess eligibility for waivers or relief, and represent you in removal proceedings if necessary.

The impact of criminal charges on immigration proceedings is a significant concern for individuals seeking to establish a new life in the United States. Understanding the USCIS background check process and the potential consequences of criminal charges is essential.

Contact an immigration lawyer today, and learn the possibilities of successfully navigating the complexities of immigration proceedings involving criminal charges.