What Happens If I Break The Law While Waiting For A Green Card?

While waiting for a U.S. Green Card, it is crucial to adhere to U.S. laws. Breaking the law, whether it’s a criminal offense or a violation of immigration regulations, can have serious consequences for your Green Card application or status. Depending on the severity of the violation, you could face delays, denials, or even deportation.

Potential Consequences of Breaking the Law While Waiting for a Green Card

Impact on Green Card Application

• If you have a pending Green Card application and you are involved in criminal activity or violate immigration laws, U.S. Citizenship and Immigration Services (USCIS) may view you as an inadmissible applicant.
• Criminal offenses such as drug trafficking, domestic violence, or felony convictions can result in inadmissibility and disqualify you from obtaining a Green Card.
• A conviction or pending criminal case may lead to the denial of your Green Card application or an extended waiting period as your case is reviewed more thoroughly.

Types of Crimes That Affect Green Card Applications

• Criminal Convictions: Certain criminal convictions, such as felonies, drug offenses, or violent crimes, can prevent you from being approved for a Green Card. These convictions may classify you as a criminal alien, leading to potential deportation or ineligibility for immigration benefits.
• Immigration Violations: Violating immigration laws, such as overstaying your visa or working illegally, can also hurt your Green Card prospects. These violations may lead to being barred from applying for a Green Card for several years, or in some cases, permanently.

Deportation Risks

• If you break the law and are convicted of a serious offense, you could be placed in removal proceedings (deportation), which could result in the loss of your Green Card application, and even the risk of being sent back to your home country.
• For Green Card holders, certain criminal offenses may also trigger deportation, particularly if the crime is deemed a crime of moral turpitude or a serious felony.

Inadmissibility

Inadmissibility refers to situations where someone is not eligible to enter the U.S. or adjust their status (from a visa holder to a Green Card holder). Criminal activities, like drug offenses, fraud, or other serious violations, can result in a finding of inadmissibility.

Individuals who are deemed inadmissible due to criminal conduct may be required to apply for a waiver of inadmissibility. This is a complex process and not all applicants are eligible for a waiver.

Delays in Processing

If you break the law, USCIS may conduct a more extensive background check or investigation into your case, resulting in delays in the processing of your Green Card application.

During this time, your legal status may be in jeopardy, and you could face uncertainty regarding your future in the U.S. Even minor legal violations could delay your Green Card processing.

Risk of Ineligibility for Legal Status

If a serious legal issue arises, you may become ineligible for legal status in the U.S., and you may not be able to adjust your status from a temporary visa holder to a permanent resident (Green Card holder).

Serious violations, such as fraud or misrepresentation, can also lead to a permanent ban from receiving immigration benefits in the future.

What to Do If You Have Legal Issues

If you have a criminal record or are facing charges while your Green Card is pending, it’s vital to consult with an immigration attorney immediately. They can help you understand how your case might impact your Green Card application and advise you on how to proceed.

You may need to provide evidence of rehabilitation or seek a waiver of inadmissibility in some cases to continue with your application.

Example

Jorge is waiting for his Green Card while living in the U.S. on a work visa. He gets into a dispute and is arrested for assault. Even though the charges are later dropped, the arrest record still shows up in his background check. This arrest delays the processing of his Green Card and complicates his immigration case. He needs to work with an attorney to clarify the situation with USCIS and avoid further delays or complications.

Legal Actions and Protections

Consult with an Immigration Lawyer

If you break the law while waiting for your Green Card, consulting with an immigration lawyer is crucial. They can help navigate the legal complexities, especially if criminal charges are involved.

Avoid Any Criminal Activities

The best way to avoid complications in your Green Card application is to stay out of legal trouble. Avoid any behavior that could lead to criminal charges, as this could put your immigration status at serious risk.

Waiver of Inadmissibility

In some cases, you may be able to apply for a waiver if you have a criminal conviction or immigration violation. A lawyer can help you determine whether you are eligible for this and assist with the application process.